Court of Criminal Appeals of Texas

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

June 15, 19881988 Tex. Crim. App. LEXIS 121

Summary

The Court held that the admission of the child victim's videotaped testimony violated the Sixth Amendment right of confrontation and that the error was not harmless under Rule 81(b)(2), therefore reversing the conviction and remanding for a new trial. Justice WHITE dissented, arguing the error was harmless, while Justice W.C. DAVIS concurred in the result but maintained the statute's constitutionality.