Court of Criminal Appeals of Texas

Under Tex. R. Evid. 803(e)(1)(B), a charge of recent fabrication or improper motive may be subtly implied through tone, tenor, and demeanor during the entirety of the cross-examination. Such an attack may not be immediately apparent from the specific wording of the questions asked, but becomes obvious only during the attorney's final argument.

Appellate Information

• Decided 11/14/2007
• Published 11/14/2007

Judges

Court

• Court of Criminal Appeals of Texas

Counsel

• For Appellant:
  
• Mark Stevens, San Antonio, for Appellant., Enrico B. Valdez, Asst. District Atty., San Antonio, Jeffrey L. Van Horn, State's Atty., Austin, for State.