YEAR 2005 CASE SUMMARIES

By
The Honorable Pat Garza
Associate Judge
386th District Court
San Antonio, Texas

2005 Summaries     2004 Summaries     2003 Summaries     2002 Summaries     2001 Summaries     2000 Summaries     1999 Summaries

In a motion to suppress a confession, the respondent has the burden to establish a causal connection and the state has the burden to disprove it or establish an attenuation-of-taint. [Pham/Gonzales v. State](05-3-19)

On June 29, 2005, the Court of Criminal Appeals released their corrected opinion, holding that when a statement is obtained in violation of TFC §52.02, it is the defendant’s burden to produce evidence demonstrating the causal connection, the burden then shifts to the State to either disprove the evidence produced, or establish that the causal chain asserted by the defendant was in fact broken.

05-3-19. Pham/Gonzales v. State, ___S.W.3d ___, Nos. 12-4 & 72-04, 2005 Tex. Crim. App. Lexis 832 (Tex.Crim.App., 6/8/05). as corrected 6/29/05.

Facts & Opinion: see 05-3-08.

Editor’s note: The corrected opinion had no substantive changes from the court’s June 8, 2005 opinion.

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