Court of Criminal Appeals of Texas
Timothy Brian Cole, Appellant v. the State of Texas, Appellee
October 21, 19921992 Tex. Crim. App. LEXIS 196
Summary
The Court of Criminal Appeals of Texas reversed the Court of Appeals, holding that the forensic chemist reports were "matters observed" by law‑enforcement personnel and thus excluded under Texas Rule of Criminal Evidence 803(8)(B), and that the business‑records exception 803(6) cannot be used as a back‑door to admit evidence barred by 803(8)(B). The decision was remanded for a harm analysis. Justice McCORMICK dissented, arguing the majority misapplied Oates, and Justice MALONEY concurred, noting the majority failed to address the admissibility of the chemist’s testimony under Rules 703 and 705.