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

Retaliation against a witness is retaliation against "one who has testified in an official proceeding," not one who "may" testify. [In the Matter of K.H.](05-3-27A)

On July 26, 2005, the Texarkana Court held that if the state alleges the offense of "Retaliation Against a Witness," the witness must be one who has testified in an official proceeding, as apposed to being a prospective witness, who is one who may testify in an official proceeding.

05-3-27A. In the Matter of K.H., UNPUBLISHED, No. 06-04-00103-CV, 2005 Tex.App.Lexis 5773 (Tex.App.— Texarkana, 7/26/05).

Facts & Opinion: See ¶ 05-3-06A

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