Court of Criminal Appeals of Texas

Phyllis Anne Woodall, Appellant v. the State of Texas

March 2, 20112011 Tex. Crim. App. LEXIS 285

Summary

The Texas Court of Criminal Appeals reversed the Court of Appeals' finding that the admission of a witness's grand‑jury testimony violated the Confrontation Clause, holding that memory loss does not make a present witness "absent" for Sixth Amendment purposes, and that the appellant is estopped from raising the claim because she declined the court's offer to secure the witness. The case was remanded for the appellate court to consider the appellant's remaining point of error.