Court of Criminal Appeals of Texas

Nicholas George Klein, Appellant v. the State of Texas

October 1, 20082008 Tex. Crim. App. LEXIS 1181

Summary

The Texas Court of Criminal Appeals reversed the Court of Appeals' acquittals on counts 1‑6 and remanded for further proceedings, holding that the evidence was legally sufficient to support convictions on all eight counts and that the trial court did not abuse its discretion in admitting the complainant's out‑of‑court statements under Rule 801(e)(1)(B). The court applied a de novo review of evidentiary sufficiency and an abuse‑of‑discretion standard to the hearsay issue. Separate opinions dissent on the admissibility analysis.