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Walker v. State

In two of four points, appellant challenges the trial court's decision to limit the cross-examination of a deputy as a violation of the Confrontation Clause of the Sixth Amendment and Texas Rule of Evidence 613(b). A trial court has the discretion to limit testimony that may confuse the issues or be only marginally relevant. Because the deputy's testimony would have been only marginally relevant and potentially confusing, the trial court's ruling was not beyond the zone of reasonable disagreement and, thus, the trial court did not abuse its discretion by excluding the line of questioning. Fort Worth Court of Appeals, No. 2-07-272-CR, 10-01-2009

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OPINION

I. Introduction

Appellant Korey Demaine Walker appeals his conviction and sixty year sentence for attempted capital murder.*fn1 See Tex. Penal Code Ann. § 15.01 (Vernon 2003), § 19.03 (Vernon Supp. 2009). In four points, appellant asserts that the trial court violated his Sixth Amendment right to confrontation and the right to expose bias on the part of a witness under Texas Rule of Evidence 613(b) by refusing to allow a line of questioning, that the trial court erred by failing to include a mistake of fact instruction in its instruction on self-defense, and that the trial court erred by providing an incomplete and ineffective limiting instruction regarding prior inconsistent statements used for impeachment purposes by a State’s witness. We affirm.

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