# Cooper v. State

> Court of Criminal Appeals of Texas · April 21, 1982 · 631 S.W.2d 508

URL: https://www.frixlaw.com/law-library/cases/9857970

## Case

- **Full name:** Jack Wayne COOPER, Appellant, v. the STATE of Texas, Appellee
- **Court:** Court of Criminal Appeals of Texas
- **Decided:** April 21, 1982
- **Citations:** 631 S.W.2d 508; 1982 Tex. Crim. App. LEXIS 888
- **Precedential status:** Published
- **Opinion:** Concurrence by Odom
- **Judges:** McCormick, Onion, Odom, Clinton, Teague
- **Cited by:** 110 later opinions in the Frix Law Library

## Citator (automated)

- **Red flag:** Overruled on other grounds by Bell v. State, 1999 Tex. Crim. App. LEXIS 74 (1999).
- Negative treatments: 1
- Distinguished by: 3
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9857970

## How later opinions describe it (automated extraction)

- stating that the Court of Criminal Appeals is not bound by federal constitutional interpretations of the lower circuit courts
- holding that a less- than-positive identification may be sufficient to corroborate accomplice-witness testimony

## Opinion text

ODOM, Judge,
concurring.
I concur in the decision to overrule Porier v. State, 591 S.W.2d 482 , for the reasons stated in the opinion concurring in part and dissenting in part in that case. I write today to state that retrial o.f the punishment issue would violate not only the principles upon which Burks v. United States, 437 U.S. 1 , 98 S.Ct. 2141 , 57 L.Ed.2d 1 , and Greene v. Massey, 437 U.S. 19 , 98 S.Ct. 2151 , 57 L.Ed.2d 15 , were decided, as held by the majority, but also would deny appellant due course of law under Art. 1, Sec. 19, Texas Constitution. Today’s decision should be grounded on both federal and state constitutional principles.
CLINTON and TEAGUE, JJ., join this opinion.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9857970. Public record. Not legal advice.