TEXAS DEPT. OF PUBLIC SAFETY v. CARUANA

No. 10-0321.

363 S.W.3d 558 (2012)

TEXAS DEPARTMENT OF PUBLIC SAFETY, Petitioner, v. Stephen Joseph CARUANA, Respondent.

Supreme Court of Texas.

Decided March 30, 2012.


Attorney(s) appearing for the Case

Kevin M. Givens , Texas Dept. of Public Safety, Austin, TX, for Texas Department of Public Safety.

Brian Lee Baker , Attorney at Law, San Marcos, TX, for Stephen Joseph Caruana.


Justice HECHT delivered the opinion of the Court, in which Justice WAINWRIGHT, Justice MEDINA, Justice GREEN, Justice JOHNSON, Justice WILLETT, and Justice GUZMAN joined.

The issue in this case is whether a peace officer's arrest report must be excluded from evidence if not sworn as required by law. Because it is no less a criminal offense to make a false statement in a governmental record than it is to make one under oath, we hold that an officer's failure to swear...

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