Legal Question in Criminal Law in Texas
In a criminal case, can witness statements not introduced at trial or brought up during pre-trial discovery be used against a defendant during appeal?
Asked on 8/18/12, 9:18 pm
1 Answer from Attorneys
Cynthia Henley
Cynthia Henley, Lawyer
An appeal is limited to issues which have been raised and preserved in the record. If the statements were not used during the trial (or in a motion for new trial), then they will not be considered on appeal. (They may be used in a future post conviction application for writ of habeas corpus, however.)
Answered on 8/20/12, 9:17 am
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