Summary
This document is Robert Anthony Cantu’s Petition for Discretionary Review filed in the Texas Court of Criminal Appeals. The petition challenges the Eighth Court of Appeals’ decision affirming his conviction for sexual assault of a child, arguing that the admission of police officers’ opinions regarding the complainant’s credibility was improperly deemed harmless. The document includes the procedural history, arguments, requested relief, and an appendix containing the court of appeals’ opinion.
Holdings
- A witness may not give a direct opinion that another witness is truthful or credible because that testimony invades the jury's province and is inadmissible.
- The erroneous admission of the detectives' testimony was nonconstitutional error that did not affect Cantu's substantial rights and was therefore harmless.
Questions Presented
- Whether the trial court abused its discretion by admitting police detectives' direct opinions that the complainant was truthful and credible.
- Whether the erroneous admission of the detectives' credibility testimony affected Cantu's substantial rights and required reversal.
Disposition
affirmed
Cases Cited (8)
- Arzaga v. State, 86 S.W.3d 767, 776-77 (Tex. App.—El Paso 2002, no pet.)(followed)
- Brookins v. State, No. 08-10-00242-CR, 2011 WL 6357786, at *2-3 (Tex. App.—El Paso Dec. 14, 2011, pet. ref'd)(followed)
- Barshaw v. State, 342 S.W.3d 91, 93-96 (Tex. Crim. App. 2011)(followed)
- Yount v. State, 872 S.W.2d 706, 712 (Tex. Crim. App. 1993)(followed)
- Rhodes v. State, 308 S.W.3d 6, 11 (Tex. App.—Eastland 2009, pet. dism'd)(followed)
- Schutz v. State, 63 S.W.3d 442, 443, 445-46 (Tex. Crim. App. 2001)(followed)
- Wiseman v. State, 394 S.W.3d 582, 584-86 (Tex. App.—Dallas 2012, pet. ref'd)(followed)
- Allen v. United States, 164 U.S. 492 (1896)(followed)
Cited In (0)
No citing cases on record yet.
Court Document
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