Opinion

Trevino v. State

  • 815 S.W.2d 592
  • 1991 Tex. Crim. App. LEXIS 130
  • 1991 WL 99951
Court
Court of Criminal Appeals of Texas
Filed
Jun 12, 1991
Status
Published
Author
Maloney
On the bench
McCormick, Clinton, Maloney, Baird
Cited by
57 cases
Authority
More cited than 13.2%

Reversed on other grounds by Trevino v. Texas, 503 U.S. 562 (1992)

Unless the venireman was clearly instructed on what the law requires, it cannot be said that he could not follow the law

How later courts described this case

  • Unless the venireman was clearly instructed on what the law requires, it cannot be said that he could not follow the law
  • no violation of rights when defendant invoked right to silence and counsel, then initiated conversation and confessed to police officer
  • trial court did not abuse discretion in restricting defendant from asking improperly phrased question during voir dire
  • evidence of a "disruptive family” or a "tragic family life” addressed within the scope of the special issues

Written by the judges who cited it.

The opinion

CLINTON and MALONEY, JJ.,

dissent for reasons given in James v. State, 805 S.W.2d 415, 417, n. 3 , (Tex.Crim.App.1990) and in Ex parte Goodman, 816 S.W.2d 383 (Tex.Cr.App.1991). They further dissent for the reasons given in Boyd v. State, 811 S.W.2d 105 (Tex.Cr.App.1991); Boggess v. State (Tex.Cr.App., No. 69,990, delivered May 29, 1991), and Lackey v. State, 816 S.W.2d 392 (Tex.Cr.App.1991).

BAIRD, J., not participating.

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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