432 SW2D 926 - Schepps v. State

How this case has been cited

Cited by 30 later decisions — most recently September 1985 · most notably 75 Wis. 2d 575 - State v. Olson (1977), Wilder v. State (1979)

7 federal appellate · 23 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

MORRISON, Judge

¶1(concurring).

¶2Since the rendition of our original opinion herein the Supreme Court of the United States has decided several pertinent cases (which are set forth in my brother Onion’s opinion) which have caused me to reappraise my original disposition of appellant’s fourth and fifth contentions on appeal and to consider the objection made at trial, but raised only inferentially in this Court on original submission, that the admission of the confessions of the principals deprived this appellant of the right to confrontation.

¶3Although it is true that Bruton and the other cases cited by Judge Onion are not, as is this case, a case “where on trial of the defendant it becomes necessary to show *944the guilt of another” 1 it is clear to me that the rationale of Bruton and the other cases would bring about a reversal of this conviction by said Court. This is especially true because the State was armed with ample evidence outside of the confession of the principal to show the principal’s guilt, as is shown in the original opinion.

¶4Having so concluded, I must join in the order of this Court overruling the State’s motion for rehearing.

¶5. Louvier v. State, 165 Tex.Cr.R. 167, at 170, 305 S.W.2d 574, at 577; 24 Tex.Jur.2d, Evidence, Sec. 669.