Court of Criminal Appeals of Texas

Raul Adam Martinez, Jr., Appellant v. the State of Texas

December 17, 20082008 Tex. Crim. App. LEXIS 1566

Summary

The Court reversed the Court of Appeals and remanded for a harm analysis, holding that the videotaped statement was inadmissible because the midstream Miranda warnings were ineffective under the Seibert framework. The majority found that police employed a calculated two‑step interrogation without curative measures, rendering the warnings ineffective. Justice Hervey dissented, arguing the record did not show the warnings were ineffective, while Justice Price concurred, emphasizing the burden on the State and adopting Justice Kennedy's view of Seibert.