Court of Criminal Appeals of Texas
Ivan Knox Love, Appellant v. the State of Texas, Appellee
June 9, 19931993 Tex. Crim. App. LEXIS 118
Summary
The Court of Criminal Appeals reversed the lower appellate court, holding that the trial judge abused his discretion by refusing to allow the State's intoxilyzer technician, Jesse Blalock, to be recalled for further cross‑examination, and that the error was not harmless. The Court affirmed the procedural ruling that no error existed regarding the cross‑examination of Officer Howard because the defense failed to make a proper offer of proof. Justice Clinton dissented, arguing that the majority failed to address the second ground of review and should have required a harm analysis.