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• Title: Mitchell D. Lowrey v. State Texas
• Author : Court of Criminal Appeals of Texas No. 369-86
• Release Date : January 14, 1988
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 61 KB

Description

Opinion ON APPELLANT'S PETITION FOR DISCRETIONARY REVIEW W.C. DAVIS, JUDGE A jury convicted appellant of aggravated sexual
assault and assessed punishment at fifty years confinement in the Texas Department of Corrections. The conviction was affirmed
on direct appeal in an unpublished opinion by the Texarkana Court of Appeals. Lowrey v. State, No. 6-85-077CR (Tex.App. -
Texarkana, February 14, 1986) (not reported). On direct appeal, appellant claimed in his sole ground of error that the trial court erred in allowing into evidence a videotaped
recording of an interview with the six-year-old complainant, R L , for the specific reason that the introduction of the
videotaped testimony violated his Sixth Amendment right to confront and cross-examine the witnesses against him. The complainant
did not testify at trial in person. Relying on Mallory v. State, 699 S.W.2d 946 (Tex.App. - Texarkana 1985, pet. granted ),
the Court of Appeals rejected appellant's constitutional claim, stating that the court had previously held that Art. 38.071,
V.A.C.C.P. does not violate the confrontation clause of the Sixth Amendment if the witness is available at trial for cross-examination.
The appellant's Petition for Discretionary Review was granted to review the correctness of that holding.

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