Court of Criminal Appeals of Texas

Walter Bruce Cornet, Appellant v. the State of Texas

January 25, 20122012 Tex. Crim. App. LEXIS 105

Summary

The Court held that the medical‑care defense is available to a layperson when the conduct consists of a medically relevant inspection, that the defense is subject to the doctrine of confession and avoidance, and that the appellant's statements sufficiently admitted penetration, requiring a jury instruction on the defense. Accordingly, the Court reversed the Court of Appeals and remanded for further proceedings. Justice Cochran dissented, arguing that the conduct was not the type of medical care envisioned by the Legislature.