Court of Criminal Appeals of Texas

Felix Garcia Ochoa, Appellant v. the State of Texas, Appellee

November 8, 19781978 Tex. Crim. App. LEXIS 1355

Summary

The Court reversed the capital murder conviction and remanded because the confession was inadmissible; the State failed to show a knowing, intelligent waiver of the appellant's Miranda right to counsel after the appellant indicated a desire for an attorney. Justice Douglas dissented, arguing that the doctrine of curative admissibility waived any error because the appellant testified to substantially the same facts.