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Degraff v. State

The per se rule of inadmissibility applies only to statements by an accused following a misstatement of the statutory warning required by Texas Code of Criminal Procedure Article 38.22; the rule does not apply to comments made by law enforcement personnel if the statutory warning has been properly given.

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Edmond Abel DeGraff appeals his conviction for aggravated sexual assault. He urges that two confessions he made resulted from assertions by law enforcement authorities that confessing would allow authorities to “help” him, and that his confessions were, therefore, per se inadmissible. We affirm.

BACKGROUND

On February 18, 2000, Josie and Lucas Roberts left their 14-month- old daughter, C.R., at the home of Josie’s mother, Edith DeGraff, for the weekend. Appellant was present at the house that weekend. After Lucas picked up the child on February 20th, Josie noticed redness in C.R.’s vaginal and anal areas. The child was taken to a hospital where she was examined by a nurse. The nurse documented injuries to C.R.’s vaginal and anal areas which were of recent origin and which were consistent with a sexual assault.

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