Wallace Mallory, Appellant v. the State of Texas, Appellee

Summary

The Court held that the child‑victim videotaped interview was inadmissible because Art. 38.071, §2 violates the Sixth Amendment and the Texas Constitution, and that this error was not harmless under Rule 81(b)(2); therefore the conviction was reversed and the case remanded for a new trial. Justice WHITE dissented, arguing the error was harmless, and Judge W.C. DAVIS concurred in the result while maintaining his prior view that the statute is constitutional.