Court of Criminal Appeals of Texas

Stephon Lavelle Walter, Appellant v. the State of Texas

October 1, 20082008 Tex. Crim. App. LEXIS 1182

Summary

The Court held that under Texas Rule of Evidence 803(24) only statements that are directly against the declarant’s penal interest, including "blame‑sharing" statements, are admissible; "blame‑shifting" statements that minimize the declarant’s culpability must be excluded. Accordingly, the trial court’s admission of the entire narrative was erroneous, and the Court reversed and remanded for a harm analysis. Justice Hervey dissented, arguing that reliable "blame‑shifting" statements should be admissible.