Court of Criminal Appeals of Texas

Enriqueta Diaz Carpenter, Appellant v. the State of Texas

September 30, 19981998 Tex. Crim. App. LEXIS 124

Summary

The Texas Court of Criminal Appeals affirmed the Court of Appeals, holding that the trial judge properly excluded the appellant’s cross‑examination of State witness Rudy Pete Rodrigues about his pending federal theft and drug‑conspiracy charges because the appellant failed to demonstrate a causal link between those charges and any bias or motive, and because the trial judge may exercise discretion to limit such cross‑examination. The majority relied on Carroll and related precedent to support the discretion analysis. Two concurring opinions joined the judgment, while Judge Baird’s dissent, joined by Judge Overstreet, argued that the majority misstates Carroll and that the cross‑examination should have been permitted.