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 Seibert and no curative measures were taken. The majority adopts Justice Kennedy’s concurring view of Seibert, while a dissent argues the majority misapplies Seibert and a concurrence agrees with the majority’s result but emphasizes the record’s deficiencies.