Summary
This document is a pro se motion for rehearing filed by Tiwian Laquinn Skief in the Texas Court of Criminal Appeals in cause number PD-0655-15. It challenges the refusal of discretionary review and raises issues concerning the sufficiency of the evidence, the testimonial nature of a statement under the Confrontation Clause, and the excited-utterance exception.
Questions Presented
- Whether the record contains evidence that the petitioner sought out or approached the complainant, as relevant to the petitioner's first appellate issue.
- Whether Riketta Johnson's statement to Barbara Castro was testimonial notwithstanding its asserted qualification as an excited utterance.
- Whether Texas courts may limit the constitutional definition of a testimonial statement to statements made to law-enforcement-based agencies.
Disposition
other
Cases Cited (7)
- Lee v. State, 259 S.W.3d 785 (Tex. App.—Houston [1st Dist.] 2007)(discussed)
- Fink v. State, 97 S.W.3d 739 (Tex. App.—Austin 2003)(discussed)
- Bumguardner v. State, 963 S.W.2d 171 (Tex. App.—Waco 1998)(discussed)
- United States v. Brito, 427 F.3d 53, 61–62 (1st Cir. 2005)(discussed)
- Wall v. State, 184 S.W.3d 730, 742–43 (Tex. Crim. App. 2006)(relied_on)
- McCarty v. State, 227 S.W.3d 415, 418 (Tex. App.—Texarkana 2007)(discussed)
- Crawford v. Washington(discussed)
Cited In (0)
No citing cases on record yet.
Court Document
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