MITTEN v. STATE

No. 1271-02.

145 S.W.3d 225 (2004)

Cody Dewayne MITTEN, Appellant, v. The STATE of Texas.

Court of Criminal Appeals of Texas, En Banc.

September 22, 2004.


Attorney(s) appearing for the Case

Roy G. Romo, Houston, for Appellant.

M.P. "Dexter" Eaves, District Atty., and Angela J. Moore, Asst. District Atty., Boerne, Matthew Paul, State's Atty., Austin, for the State.

Before the court en banc.


WOMACK, J., delivered the opinion for a unanimous court.

An issue in the trial of this capital murder case was whether the State could introduce, to rebut the affirmative defense of insanity, a statement the defendant made at a state hospital during an examination for incompetence. We hold that the admission of the evidence violated a statute that was then in effect.

The appellant made four trips to hospitals: two before his arrest and two after. On a Saturday...

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