[DOWNLOAD] "Gutierrez v. State" by In the Court of Appeals Fifth District of Texas at Dallas " Book PDF Kindle ePub Free
eBook details
- Title: Gutierrez v. State
- Author : In the Court of Appeals Fifth District of Texas at Dallas
- Release Date : January 09, 2004
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 56 KB
Description
Appellant, Jeremy Gutierrez, was convicted of felony theft. On direct appeal, appellant contended that the trial court erred by (1) admitting an accomplices videotaped statement, (2) admitting his own videotaped confession made after he requested counsel, (3) admitting his own videotaped confession because it was the product of undue influence, (4) failing to include an instruction in the jury charge about his request for counsel, and (5) failing to include an instruction in the jury charge about undue influence. On original submission, we affirmed appellants conviction. However, the United States Supreme Court subsequently decided, Crawford v. Washington, __ U.S. __,124 S.Ct. 1354, 158 L.Ed.2d 177 (2004), addressing the admissibility of testimonial hearsay under the Confrontation Clause of the United States Constitution. Therefore, on petition for discretionary review, the Texas Court of Criminal Appeals vacated our judgment and remanded the case for us to consider the admissibility of the accomplices videotaped statement. We affirm.