Court of Criminal Appeals of Texas

Raymond Hidalgo, Jr., Appellant v. the State of Texas

January 13, 19991999 Tex. Crim. App. LEXIS 3

Summary

The Court affirmed the conviction, holding that a juvenile’s Sixth Amendment right to counsel does not require advance notice of a court‑ordered psychological examination used in a transfer hearing because the exam is not a critical stage of the criminal prosecution. The opinion discusses the applicability of Sixth Amendment rights to juveniles and adopts a balancing test to determine critical stages. A concurring opinion argued that notice is satisfied by the statutory requirement and disagreed with the majority’s factual assumption about notice.