Court of Criminal Appeals of Texas

Rudolfo Lopez, Appellant v. the State of Texas

May 3, 20002000 Tex. Crim. App. LEXIS 49

Summary

The Court held that the trial court properly excluded the victim's prior false accusation evidence because Rule 608(b) bars such specific instances and the Confrontation Clause does not require its admission. It declined to create a per se exception for sexual offenses and reversed the Court of Appeals, remanding for further consideration of Lopez's second point of error. Justices Mansfield, Keller, and Johnson filed concurring opinions, with Mansfield arguing that defendants in sex cases should be allowed to introduce prior false accusations of sexual misconduct after a hearing.