Code Of Criminal Procedure

Question 1

38.08

Answer 1

Defendant May Testify

Any DF in a criminal action shall be permitted to testify in his own behalf. But failure to testify shall not be taken as a circumstance against him. Nor shall it be alluded to or commented on by counsel.

Question 2

When can info about drug abuse be used?

Answer 2

38.101

Communication by Drug Abusers

A communication to any person involved in the treatment or examination of drug abusers by a person being treated voluntarily or being examined for admission to voluntary treatment for drug abuse is not admissible.

However, info derived from treatment or examination of drug abusers stats and research = ok

Question 3

Can the court compel a journalist to testify?

Answer 3

38.11 Journalist’s Qualified Testimonial Privilege in Criminal Proceedings

Court cannot compel a journalist to testify regarding or to produce or disclose in an official proceeding:

1. any confidential or non-confidential unpublished info, doc., or item obtained while acting as journalist or
2. the source of any info or doc, or item.

Question 4

38.14

Answer 4

Testimony of accomplice

Question 5

Testimony of accomplice

Answer 5

A conviction cannot be had upon the testimony of an accomplice unless corroborated by other evidence tending to connect the DF w the offense committed

Corroboration is not sufficient if it merely shows the commission of the offense.

Question 6

Bingham v. State, 913 SW2d 208 (Tex Crim App 1995).

Answer 6

Out of court Stmts by an accomplice are not “testimony” under 38.14 and therefore do not require corroborating evidence.

Question 7

Who is an accomplice

Answer 7

Is someone who participates with the accused before, during, or after commission of the crime for which the DF is on trial

Question 8

21.15

Answer 8

Must allege Acts of Recklessness or Criminal Negligence

Question 9

24.02

Answer 9

Subpoena Duce Tecum