Smith v. State

Decided May 6, 2009

Court of Criminal Appeals of Texas · decided 2009-05-06

Cited by 25 later decisions (1 by the Supreme Court) — most recently June 2019 · most notably Davis v. State (2010), Hernandez v. State (2012)

1 federal appellate · 23 state decisions

Relies on Crawford v. Washington · Ohio v. Roberts · Russeau v. State

Good law ✅— No negative treatment on recordhow we know

Decided 2009-05-06

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KEASLER, J.,

¶1concurring.

¶2I join the Court’s opinion with the exception of its resolution of points of error *279eighteen and nineteen.1 I would hold that State’s Exhibits 73 and 74, the TDCJ-ID penitentiary packets containing disciplinary reports and hearing records concerning Demetrius Dewayne Smith’s past prison conduct, are business records that do not constitute testimonial hearsay under Crawford v. Washington.2, The analysis set out in Ohio v. Roberts 3 controls, and because the records fall within a firmly rooted hearsay exception, Smith’s rights under the Confrontation Clause were not violated.

¶3. Russeau v. State, 171 S.W.3d 871, 887-88 (Tex.Crim.App.2005) (Keasler, J., dissenting.).

¶4. 541 U.S. 36, 124 S.Ct. 1354, 158 L.Ed.2d 177 (2004).

¶5. 448 U.S. 56, 100 S.Ct. 2531, 65 L.Ed.2d 597 (1980).