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 because it held that the appellant had indicated a desire for counsel, triggering Miranda's requirement that interrogation cease, and the State failed to prove a knowing, intelligent waiver; consequently the confession was inadmissible. The Court also rejected the doctrine of curative admissibility, finding the appellant's testimony did not waive the error. Justice Douglas dissented, arguing that the appellant's testimony waived the error and the conviction should be affirmed.