CourtListener 9400852•INMAN, CALLIE RENEE v. the State of Texas
Texte intégral
IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. PD-0251-22
CALLIE RENEE INMAN, Appellant
v.
THE STATE OF TEXAS
ON APPELLANT=S PETITION FOR DISCRETIONARY REVIEW
FROM THE THIRTEENTH COURT OF APPEALS
GALVESTON COUNTY
KEEL, J., filed a dissenting opinion in which KELLER, P.J., YEARY, and
SLAUGHTER, JJ., joined.
DISSENTING OPINION
We granted Appellant’s petition for discretionary review to decide whether the
Confrontation Clause applies in hearings on motions to adjudicate. The majority
dismisses it as improvidently granted, but that’s a mistake.
Our decision to grant was judicious because the lower court decided the
confrontation issue on its merits, and there is a split among the courts of appeals on that
point. Inman v. State, No. 13-20-00349-CR, 2022 WL 709832, at *2–3 (Tex. App.—
Corpus Christi-Edinburg March 10, 2022) (mem op., not designated for publication)
(holding that the Confrontation Clause does not apply in adjudication hearings); compare
Mauro v. State, 235 S.W.3d 374, 375–76 (Tex. App.—Eastland 2007, pet. ref’d) (same),
Diaz v. State, 172 S.W.3d 668, 673 (Tex. App.—San Antonio, 2005, no pet.) (same), and
Smart v. State, 153 S.W.3d 118, 121 (Tex. App.—Beaumont 2004, pet. ref’d) (same),
with Perez v. State, No. 13-14-00300-CR, 2015 WL 4234236, at *1 n. 2 (Tex. App.—
Corpus Christi-Edinburg July 9, 2015, no pet.) (mem. op., not designated for publication)
(holding that the Confrontation Clause applies in revocation hearings), and Hughes v.
State, 651 S.W.3d 461, 470 (Tex. App.—Houston [14th Dist.] Mar. 15, 2022, pet.
granted) (same).
Our purpose in granting review was to resolve the split among the courts of
appeals. Rather than abandon that purpose, we should address the merits of the issue
and resolve the split among the courts of appeals. Since the majority does otherwise, I
respectfully dissent.
Filed: May 17, 2023
Do Not Publish
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