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On appeal to the Texas Court of Criminal Appeals, Pointer's attorney repeated the argument that Phillips' non-appearance deprived Pointer of his right to confront and cross-examine witnesses against him, as guaranteed by the Sixth Amendment. The Texas court held that Pointer could have cross-examined Phillips at the examining trial and chose ...
The Code of Criminal Procedure, [1] sometimes called the Code of Criminal Procedure of 1965 [2] or the Code of Criminal Procedure, 1965, [3] is an Act of the Texas State Legislature. The Act is a code of the law of criminal procedure of Texas. The code regulates how criminal trials are carried out in Texas.
The discovery process, including the use of interrogatories, can help the parties obtain that information from each other. For an example of how interrogatories may be used, in a motor vehicle accident lawsuit, an injured plaintiff typically asserts that the defendant driver committed the tort of negligence in causing the accident. To prove ...
Requests for admission are a list of questions which are similar in some respects to interrogatories, but different in form and purpose.Each "question" is in the form of a declarative statement which the answering party must then either admit, deny, or state in detail why they can neither admit nor deny the truthfulness of the statement (e.g. for lack of knowledge, etc.).
The defendant's rights to not plead guilty, and to request a jury trial. The court must ask the defendant if he understands each of these points, and must receive a voluntary affirmative response. Many courts use a script of the questions which the judge will ask the defendant and the defense attorney in a specific order. Failure by the court ...
Aguilar v. Texas, 378 U.S. 108 (1964), was a decision by the United States Supreme Court, which held that "[a]lthough an affidavit supporting a search warrant may be based on hearsay information and need not reflect the direct personal observations of the affiant, the magistrate must be informed of some of the underlying circumstances relied on by the person providing the information and some ...
The first codification of Texas criminal law was the Texas Penal Code of 1856. Prior to 1856, criminal law in Texas was governed by the common law, with the exception of a few penal statutes. [3] In 1854, the fifth Legislature passed an act requiring the Governor to appoint a commission to codify the civil and criminal laws of Texas.
Questions typically asked on Criminal Case Information Statements include: The attorneys involved in the case; The basic facts and circumstances involved; Whether the defendant is currently in custody or out on bail; Whether there are co-defendants; Whether all issues will be disposed of by this case