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CATES v. STATE

No. 1206-02.

120 S.W.3d 352 (2003)

Jesse Dan CATES, Appellant, v. The STATE of Texas.

Court of Criminal Appeals of Texas.

November 12, 2003.

Attorney(s) appearing for the Case

Tim Copeland, Abilene, for Appellant.

Stephen E. Bristow, District Attorney, Graham, Matthew Paul, State's Attorney, Austin, for State.

OPINION

COCHRAN, J., delivered the opinion of the Court, joined by MEYERS, PRICE, WOMACK, JOHNSON, HERVEY, and HOLCOMB, J.J.

In this case we must decide whether a trial court abuses its discretion when it refuses to allow defense witnesses to testify at a Franks evidentiary hearing after: (1) a defendant has made a substantial preliminary showing of falsity, and (2) the State has been allowed...

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