Opinion

Lopez v. State

  • 928 S.W.2d 528
  • 1996 Tex. Crim. App. LEXIS 59
  • 1996 WL 230192
Court
Court of Criminal Appeals of Texas
Filed
May 8, 1996
Status
Published
Author
Baird
On the bench
Overstreet, Baird, Mansfield, Keller, Clinton, White, McCormick
Cited by
68 cases
Authority
More cited than 10.6%

explaining that law violates ex post facto prohibitions in federal and state constitutions if it “deprives one charged with a crime of any defenses that were available when the act was committed”

How later courts described this case

  • explaining that law violates ex post facto prohibitions in federal and state constitutions if it “deprives one charged with a crime of any defenses that were available when the act was committed”
  • intervening judicial decision permitting use of deadly weapon finding for "unknown object" allegations was sufficient to rebut presumption of vindictiveness, thus allowing State to seek deadly weapon finding at second trial when one was not sought at first trial
  • evidence, not admissible to correct a false= impression regarding defendant’s behavior on drugs when the State asked appellant on cross-examination about his behavior on drugs
  • State could not create a false impression on cross-examination in order to open door to extraneous act evidence

Written by the judges who cited it.

The opinion

BAIRD, J.,

concurs with note. I join the opinion of the Court but note that I am sympathetic to the concerns expressed by Judge Keller in part II of her concurring and dissenting opinion. Post, 928 S.W.2d at 531. Indeed, I have previously expressed those same concerns. Saenz v. State, 843 S.W.2d 24, 30 (Tex.Cr.App.1992) (Baird, J., concurring and dissenting); and, Abdnor v. State, 808 S.W.2d 476, 478 (Tex.Cr.App.1991) (Baird, J., concurring and dissenting). However, my arguments did not carry the day and it is now the strict policy of this Court to have the court of appeals conduct a harm analysis in the first instance. See, Washington v. State, 856 S.W.2d 184, 191 (Tex.Cr. App.1993) (Meyers, J., concurring); and, Saenz, 843 S.W.2d at 29 (Clinton, J., concurring).

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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