Sign In
Events
Newsletters
Search

Close

Close Search

Cancel

SEARCH
MY LAW.COMNEW

Resendez v. State

Rule 33.1(a) of the Texas Rules of Appellate Procedure provides that a complaint is not preserved for appeal unless it was made to the trial court "by a timely request, objection or motion" that "stated the grounds for the ruling that the complaining party sought from the trial court with sufficient specificity to make the trial court aware of the complaint, unless the specific grounds were apparent from the context." Likewise, under Rule 103 of the Texas Rules of Evidence, error may not be predicated upon a ruling which admits or excludes evidence unless "a timely objection or motion to strike appears of record, stating the specific ground of objection, if the specific ground was not apparent from the context." In the present case, there are no indications on the record to support the contention that the appellant raised a claim based on Article 38.22, �3(a)(2), nor is there anything on the record to support the contention that the trial judge or opposing counsel understood the appellant to have made this claim. Texas Court of Criminal Appeals, No. PD-0917-08, 10-21-2009

X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.
Price, J., delivered the opinion of the Court in which Keller, P.J., and Womack, Keasler, Hervey and Cochran, JJ., joined. Holcomb, J., filed a dissenting opinion in which Meyers and Johnson, JJ., joined.

OPINION

The appellant gave a videotaped statement in which he confessed to shooting Amanda Garza. He later pled guilty to her murder, and the trial court found him guilty and assessed punishment at ninety-nine years in prison. The Fourteenth Court of Appeals reversed and remanded, holding that the trial court erred when it denied the appellant’s motion to suppress the confession because the police had failed to memorialize the appellant’s Miranda warnings on the videotape as required by Code of Criminal Procedure Article 38.22, Section 3(a)(2).*fn1 We granted the State’s petition for discretionary review in order to determine (1) whether the court of appeals was correct in holding that the appellant preserved his Article 38.22 argument for appeal, and (2) whether the appellant was in custody when he gave his videotaped confession.*fn2 Because we hold that the appellant did not preserve his Article 38.22 argument for appeal, we reverse the court of appeals’s judgment.

Trending Stories

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

LEARN MORE

More From ALM

Premium Subscription
With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Team Accounts
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Bundle Subscriptions
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
Go to CLE Center
GlobeSt. Women of Influence (WOI) 2024
July 22, 2024 - July 24, 2024
Lake Tahoe, CA

GlobeSt. Women of Influence Conference celebrates the women who drive the commercial real estate industry forward.


Learn More
New York Legal Awards 2024
September 05, 2024
New York, NY

The New York Law Journal honors attorneys and judges who have made a remarkable difference in the legal profession in New York.


Learn More
African Legal Awards 2024
September 06, 2024
Johannesburg

The African Legal Awards recognise exceptional achievement within Africa s legal community during a period of rapid change.


Learn More
Go to Events Go to Webcasts
Paralegal/Legal Assistant

Eichen Crutchlow Zaslow LLP is a highly regarded legal firm based in Edison, New Jersey. The firm specializes in medical malpractice and per...


Apply Now ›
Associate Professor or Professor of Law

The George Washington University Law School invites applications for multiple tenure-track or tenured faculty appointments, at the rank of A...


Apply Now ›
Employment Attorneys Senior Counsel - Los Angeles, Ventura, California

Gordon Rees Scully Mansukhani has an immediate opening for experienced Employment Attorneys in its Los Angeles and Ventura offices. Candida...


Apply Now ›
Go to Lawjobs
Lawyers of Distinction
06/27/2024
The American Lawyer

Professional Announcement


View Announcement ›
SMGQ Law
06/21/2024
Daily Business Review

Full Page Announcement


View Announcement ›
Blume Forte Fried Zerres & Molinari
06/14/2024
New Jersey Law Journal

Professional Announcement


View Announcement ›
Go to Professional Announcements