Court of Criminal Appeals of Texas
John Will Webb, Appellant v. the State of Texas, Appellee
February 15, 19891989 Tex. Crim. App. LEXIS 24
Summary
The Court of Criminal Appeals of Texas reversed the Court of Appeals and remanded for further proceedings, holding that the trial court abused its discretion by disqualifying a defense witness who violated the sequestration rule without showing any particular circumstances of defendant consent or knowledge, and that the excluded testimony was crucial to the defense. The Court adopted a two‑prong test for appellate review of such exclusions.