Opinion

Hopkins v. State

  • 480 S.W.2d 212
  • 1972 Tex. Crim. App. LEXIS 2062
Court
Court of Criminal Appeals of Texas
Filed
Mar 22, 1972
Status
Published
Author
Morrison
On the bench
Roberts, Morrison
Cited by
117 cases
Authority
More cited than 10.8%

holding that opinion testimony in regard to the ultimate fact issue is required to prove intoxication

How later courts described this case

  • holding that opinion testimony in regard to the ultimate fact issue is required to prove intoxication
  • trial court correctly precluded the expert from testifying about the “competency” and “credibility” of a State witness because expert testimony is not admissible for impeachment purposes
  • psychiatric testimony not permissible for impeachment purposes
  • repudiating the “invasion of the province of the jury” rule

Written by the judges who cited it.

The opinion

OPINION

MORRISON, Judge

(concurring in part and dissenting in part).

I concur in the affirmance of this conviction and in that portion of the majority opinion which discusses the invasion of the province of the jury. See the opinion I prepared for the Court in Cordero v. State, 164 Tex.Cr.R. 160 , 297 S.W.2d 174 .

Further, I agree with the majority and do not conclude that in the case at bar the court erred in excluding witness Yero’s testimony. I cannot, however, bring myself to agree with that portion of the majority opinion which pronounced an inflexible rule which does not permit any psychiatric testimony for impeachment purposes. I do not read the holding of the Supreme Court of California in Ballard v. Supreme Court of San Diego County, 64 Cal.2d 159 , 49 Cal.Rptr. 302 , 410 P.2d 838 , as does the majority. I quote from Ballard, supra:

“Thus, in rejecting the polar extremes of an absolute prohibition and an absolute requirement that the prosecutrix submit to a psychiatric examination, we have accepted a middle ground, placing the matter in the discretion of the trial judge.”

I concur in the affirmance of this conviction but not upon the reasoning set forth in the majority opinion as I read it.

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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