Jeffrey Steven Marx, Appellant v. the State of Texas

Summary

The Court of Criminal Appeals affirmed the lower courts, holding that the use of two‑way closed‑circuit television testimony for both the thirteen‑year‑old victim and the six‑year‑old witness did not violate the Sixth Amendment right to confrontation, the Fourteenth Amendment due process right to a presumption of innocence, nor Texas Code of Criminal Procedure Article 38.071. The Court found the trial court’s factual findings on emotional trauma to be within the zone of reasonable disagreement and concluded that the statutory provision does not bar such procedures. Separate dissenting and partially dissenting opinions argue that the testimony of the six‑year‑old witness should be barred under the Confrontation Clause.