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Court Of Criminal Appeals Of Texas, PD-0307-09 Essay

¶ … court of criminal appeals of Texas, PD-0307-09 Ronald Wilson, and appellant v the State of Texas. (CCA (a), n. d.) The court of Appeals case was: 04-07-00737-CR, and was affirmed. The appeal came from the trial court: 290th District Court of the Bexar County. The case number there was 2006CR2564 and the judge was Sharon S. Macrae. (Texas Court of Criminal Appeals, 2009) What it was basically about

The trial of the appellant was for murder and the facts of the case show that Amos Gutierrez was killed with a single gunshot. The magazine clip for a pistol was found near his body. The appellant was arrested on unrelated misdemeanor warrants. Later the appellant confessed to the shooting, and was charged with capital murder. Appellant filed motion to suppress the confession on the grounds that it was involuntary and was obtained in violation of the constitution and Texas law. The trial judge denied...

In appeal the Argument was based on the article 38.23 of the Code of Criminal Procedure bars the admissibility of a confession if the police fabricate documentary evidence in violation of Texas Penal Code section 37.09. There was unanimity in agreeing that the interrogating officer violated the law by fabricating a forensic report. (CCA (a), n. d.)
3) Who authored the majority opinion?

The majority opinion was delivered by Cathleen Cochran Herasimchuk, born November 11, 1944, who was republican judge of the Court of Criminal Appeals and re-elected to the court by Texas voters in 2002 and 2008. (Wikipedia, 2012)

(4) What did the court decide about the lower court of appeals opinion and why?

The court allowed the appeal on the ground that Texas Penal Code §37.09 prohibit police officers from using fabricated documents to affect…

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