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.