Johnson v. Texas (original by judge richardson)
Annotate this CaseAppellant Joe Johnson was convicted of two counts of aggravated sexual assault of a child and sentenced to life imprisonment on each count. On direct appeal, Johnson claimed that the trial court erred in excluding evidence of the victim’s past sexual behavior. Johnson argued: (1) that this evidence was relevant to his defense of fabrication; (2) that excluding this evidence violated his right of confrontation; and (3) that it was admissible under the Texas Rules of Evidence. The Court of Appeals held that the trial court did not abuse its discretion in excluding such evidence and affirmed Johnson’s conviction. After its review, the Court of Criminal Appeals held that the proffered cross-examination by Johnson’s counsel should have been permitted. The case was remanded for a harm analysis under Texas Rule of Appellate Procedure 44.2(a).
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