Court of Criminal Appeals of Texas

Julius Paul Hardie, Ii, Appellant v. the State of Texas, Appellee

April 24, 1991807 S.W.2d 319

Summary

The Texas Court of Criminal Appeals affirmed the Court of Appeals' reversal of the DWI conviction, holding that the audio portion of the videotape in which the appellant invoked his right to counsel was inadmissible and that the error was not harmless. The court distinguished the Jamail decision and found the appellant’s objection was properly preserved. The decision rests on Fifth, Sixth and Fourteenth Amendment protections and Texas harmless error standards.