Court of Criminal Appeals of Texas
Harvey Sossamon, A/k/a Mike Foster, Appellant v. the State of Texas, Appellee
May 8, 19911991 Tex. Crim. App. LEXIS 92
Summary
The Court of Criminal Appeals of Texas reversed the Court of Appeals' order of acquittal, holding that appellant was not entitled to immunity because no enforceable agreement existed with the Liberty County district attorney, and that the confession was involuntary but the identification evidence was not fruit of the Fifth Amendment violation, thus reinstating the conviction and remanding for further proceedings. Justice Miller dissented, arguing that the identification evidence should be suppressed as the fruit of the illegal confession.