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McNAIR v. STATE

No. 04-01-00215-CR.

75 S.W.3d 69 (2002)

Robert Burton McNAIR, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, San Antonio.

February 6, 2002.

Attorney(s) appearing for the Case

R. Emmett Harris, Attorney At Law, Uvalde, for Appellant.

Anton Hackebeil, Dist. Atty., Uvalde, Ilse D. Bailey, Bailey, Danford & Emerson, P.L.L.C., Kerrville, for Appellee.

Sitting: PHIL HARDBERGER, Chief Justice, PAUL W. GREEN, Justice and SANDEE BRYAN MARION, Justice.

Opinion by PHIL HARDBERGER, Chief Justice.

This case involves an interesting intellectual question: If a defendant is mentally ill, is it possible for that defendant to make a statement against interest or a party opponent admission? Statements against interest and party opponent admissions are generally held admissible as exceptions to the hearsay rule because of the perceived trustworthiness of such statements which stems from the rationalization

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