Opinion

Crawford v. State

  • 435 S.W.2d 148
Court
Court of Criminal Appeals of Texas
Filed
Nov 27, 1968
Status
Published
Author
Onion
On the bench
Dice, Onion, Morrison, Rhay
Cited by
52 cases
Authority
More cited than 10.6%

Opinion on Appellant’s Motion for Rehearing

How later courts described this case

  • Opinion on Appellant’s Motion for Rehearing

Written by the judges who cited it.

The opinion

OPINION

ON APPELLANT’S MOTION FOR RE-HEARING

ONION, Judge.

Since the time of our opinions on original submission, the United States Supreme Court in McConnell v. Rhay and Stiltner v. Rhay, 393 U.S. 2 , 89 S.Ct. 32 , 21 L.Ed.2d 2 , has held that their decision in Mempa v. Rhay, 389 U.S. 128 , 88 S.Ct. 254 , 19 L.Ed.2d 336 , is to be given retroactive application.

The majority opinion on original submission affirming this cause was bottomed on the fact that the United States Supreme Court had not, at the time, held Mempa v. Rhay, supra, to be retroactive. It now has done so and the appellant is entitled to a reversal of his conviction.

The appellant is remanded to the custody of the Sheriff of Bexar County to answer the indictment in Cause No. 53,953 pending in the 175th District Court.

The order affirming the conviction is set aside, the appellant’s motion for re-hearing is granted, the judgment is reversed and the cause remanded.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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