494 S.W.3d 178
Tex. App.2015Background
- Appellant W.E.J. was adjudicated on one count of aggravated sexual assault and two counts of indecency with a child involving his nieces, K.O. and G.O.
- Trial concluded with a jury verdict; disposition placed appellant on probation until age eighteen.
- State filed original adjudication petition on July 31, 2013.
- Dispositional hearing led to probation; motion for new trial denied by operation of law.
- Appellant appealed challenging the denial of translated forensic interviews for jury use.
- Appellant’s counsel had viewed the interviews and used a translator to translate them from Spanish to English.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Did denial of translated forensic interviews violate Sixth Amendment confrontation rights? | W.E.J. argues 39.15 c/d violates his confrontation rights. | The State argues no constitutional violation; 39.15(c) prohibits duplication. | No Sixth Amendment violation; denial was proper under 39.15(c). |
Key Cases Cited
- Davis v. Alaska, 415 U.S. 308 (U.S. Supreme Court (1974)) (confrontation right outweighs witness confidentiality limits in juvenile records)
- Coronado v. State, 351 S.W.3d 315 (Tex. Crim. App. 2011) (written interrogatories violated confrontation rights when live testimony was absent)
- Martinez v. State, 327 S.W.3d 727 (Tex. Crim. App. 2010) (trial court’s discovery decisions reviewed for abuse of discretion)
- In re District Attorney’s Office of the 25th Judicial Dist., 358 S.W.3d 244 (Tex. Crim. App. 2011) (discretion to order production of evidence for inspection and copying)