holding that the scope of the privilege against self-incrimination in Article I, § 10 of the Texas Constitution, is similar to that of the Fifth Amendment of the United States Constitution, overruling prior precedent that granted greater right against compelled self-incrimination than more recent Supreme Court decision, and stating, "we have found no historical evidence for appellant’s position that the framers of our constitution meant, by choice of language, for Article I, § 10, to be more encompassing than, 'witness against himself as used in the federal constitution”
How later courts described this case
- holding that the scope of the privilege against self-incrimination in Article I, § 10 of the Texas Constitution, is similar to that of the Fifth Amendment of the United States Constitution, overruling prior precedent that granted greater right against compelled self-incrimination than more recent Supreme Court decision, and stating, "we have found no historical evidence for appellant’s position that the framers of our constitution meant, by choice of language, for Article I, § 10, to be more encompassing than, 'witness against himself as used in the federal constitution”
- holding that the provision of the Texas Constitution that in criminal prosecutions an accused shall not be compelled to give evidence against himself is comparable in scope to the Fifth Amendment to the United States Constitution which provides that no person shall be compelled in a criminal case to be a witness agamst himself
- discussing (Tex.Crim.App.1972) (opinion on motion for rehearing) federal law but then deciding the case under the state ("as to the true scope of the Texas Constitution, we must constitution
- overruling Beachem after noting that its case law had been inconsistent, as some opinions sanctioned compelled affirmative acts, and that Beachem had been "seriously eroded" by subsequent cases
Written by the judges who cited it.
Later courts went against this
Questioned by Thomas v. State, 1986 Tex. Crim. App. LEXIS 877 (1986)
We must now examine the continuing viability of the principle announced in Olson, supra, and its application to the instant case.
The opinion
*773 MORRISON, Judge
(concurring in part and dissenting in part).
I concur with my brother Onion in all aspects save one.
While the intent of the framers of the Texas Constitution regarding Art. I, Sec. 10, is unknown, the interpretation of that provision is a judicial function and, as my brother Onion acknowledges, a State may surpass minimum federal constitutional requisites. At the time I prepared the opinion for this Court in Trammell v. State, supra, I was fully cognizant of the far-reaching implications to be drawn therefrom. I remain convinced that a taking of blood from an individual without his consent constitutes a violation of his right of privacy and involves an infringement of an accused’s right to be free from self-incrimination under Art. I, Sec. 10, Texas Constitution.
Further, overruling Trammell, supra, is entirely unnecessary in order to reach the result which Judge Onion’s opinion concludes is a proper disposition of this case. This case deals with a taking of a handwriting exemplar while Trammell dealt directly with an invasion of the privacy of the accused person.
I dissent to overruling Trammell v. State, supra.