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Title: Wayne Dotson Waldo v. State Texas
Author : Fourth District, San Antonio Court of Appeals of Texas
Release Date : January 10, 1988
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 66 KB

Description

Appellant was convicted of the offense of murder and his punishment assessed by the jury at 99 years confinement in the Texas Department of Corrections. On his appeal to the San Antonio Court of Appeals appellant complained of an allusion to his post-arrest, postMiranda silence made by a police investigator during the States case in chief. The court of appeals ruled that the trial courts instruction to the jury to disregard the investigators remark "cured any possible error." Waldo v. State, 705 S.W.2d 381, 384 (Tex.App. - San Antonio 1986). One justice dissented. We granted appellants petition for discretionary review in order to determine the efficacy of an instruction to disregard comment on an accuseds decision to remain silent after he has been placed under arrest and read his Miranda rights. Tex.R.App.Pro., Rule 200(c)(2) and (5).