Court of Criminal Appeals of Texas

Virgil Dean Allen, Appellant v. the State of Texas, Appellee

December 4, 19851985 Tex. Crim. App. LEXIS 1748

Summary

The Court affirmed the conviction, holding that Texas Penal Code §21.13 properly barred admission of the victim's prior sexual activity for impeachment purposes absent a prior felony conviction and that the statute did not violate the Sixth Amendment or Texas constitutional provisions. The dissent argued the majority misread the statute and would expand admissibility, while two concurrences agreed with the result but focused on terminology issues.