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· 10/15/2008

Del Carmen Hernandez v. State

Citations

  • 273 S.W.3d 685
  • 2008 Tex. Crim. App. LEXIS 1304
  • 2008 WL 4569865

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • “[H]earsay statements nevertheless must overcome the Confrontation Clause bar, which may be implicated if the defendant is not afforded the opportunity to confront the out-of-court declarant.”
  • A codefendant’s custodial interrogation is testimonial for purposes of the Sixth Amendment and Crawford
  • because co-defendant’s statement to police was offered and admitted as non-hearsay to impeach co-defendant’s credibility, and not to prove the truth of the matter, it did not implicate appellant’s confrontation rights
  • applying the at-the-time new Tex. R. Crim. Evid. 801(e)(1)(C)

Source: CourtListener parenthetical corpus (CC0).

Judges: Womack

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.