Court of Criminal Appeals of Texas

Patricia Maestas, Appellant v. the State of Texas

February 24, 19991999 Tex. Crim. App. LEXIS 13

Summary

The Court of Criminal Appeals of Texas affirmed the Court of Appeals' judgment, holding that the police scrupulously honored the appellant's Fifth Amendment right to remain silent despite multiple interrogations after she invoked that right. Applying the Mosley ad hoc test de novo, the court found the relevant factors weighed in favor of honoring the right. The confession was therefore admissible. Justice Holland, in a concurring opinion, argued that the petition for discretionary review was improvidently granted.