Juan Morales a/k/a Juan Manuel Morales v. The State of Texas

Summary

The Thirteenth Court of Appeals of Texas affirmed Juan Morales’s conviction for continuous sexual abuse of a young child. The court held that the trial court did not abuse its discretion in denying the fourth and fifth motions for continuance or in admitting the unavailable complainant’s prior trial testimony after finding that the State made reasonable, good-faith efforts to secure her presence.

Holdings

1. The trial court did not abuse its discretion by denying Morales's fourth and fifth motions for continuance. The motions failed to comply with the statutory requirements for continuances based on an absent witness, and the fifth motion was not sworn, so any complaint concerning it was not preserved. Morales also failed to show that the proposed expert testimony was material or that denial of additional time actually and specifically prejudiced his defense.
2. The trial court did not abuse its discretion by admitting J.M.'s prior trial testimony. The State demonstrated that J.M. was unavailable and that it used reasonable means and made a good-faith effort to secure her presence, satisfying Texas Rule of Evidence 804 and the Confrontation Clause.

Questions Presented

1. Whether the trial court abused its discretion by denying Morales's fourth and fifth motions for continuance to secure a defense expert.
2. Whether the trial court abused its discretion by admitting J.M.'s prior trial testimony after finding that the State used reasonable means and a good-faith effort to secure her presence under Texas Rule of Evidence 804 and the Sixth Amendment's Confrontation Clause.

Disposition

affirmed