From Casetext: Smarter Legal Research

Johnson v. State

COURT OF APPEALS SECOND DISTRICT OF TEXAS FORT WORTH
Mar 2, 2017
NO. 02-11-00253-CR (Tex. App. Mar. 2, 2017)

Opinion

NO. 02-11-00253-CR

03-02-2017

JOE DALE JOHNSON APPELLANT v. THE STATE OF TEXAS STATE


FROM THE 89TH DISTRICT COURT OF WICHITA COUNTY
TRIAL COURT NO. 48,790-C DISSENTING MEMORANDUM OPINION ON REMAND

I respectfully dissent from the en banc majority's opinion and judgment reversing appellant's convictions of two counts of aggravated sexual assault of a child. I acknowledge that the majority of the court of criminal appeals held that the trial court abused its discretion by limiting appellant's cross-examination of H.H., the complainant. Johnson v. State, 490 S.W.3d 895, 915 (Tex. Crim. App. 2016). Nonetheless, for the reasons explained in this court's prior en banc majority opinion and in the dissenting opinion in the court of criminal appeals, I remain convinced that the trial court did not abuse its broad discretion by limiting the cross-examination. See id. at 915-18 (Keasler, J., dissenting); Johnson v. State, 449 S.W.3d 240, 245-47 (Tex. App.—Fort Worth 2014) (en banc op. on reh'g), rev'd, 490 S.W.3d at 915. Because in my view the trial court did not err by limiting the cross-examination, appellant's convictions should not be reversed. See Tex. R. App. P. 44.2(a).

/s/ Terrie Livingston

TERRIE LIVINGSTON

CHIEF JUSTICE MEIER, J., joins. DO NOT PUBLISH
Tex. R. App. P. 47.2(b) DELIVERED: March 2, 2017


Summaries of

Johnson v. State

COURT OF APPEALS SECOND DISTRICT OF TEXAS FORT WORTH
Mar 2, 2017
NO. 02-11-00253-CR (Tex. App. Mar. 2, 2017)
Case details for

Johnson v. State

Case Details

Full title:JOE DALE JOHNSON APPELLANT v. THE STATE OF TEXAS STATE

Court:COURT OF APPEALS SECOND DISTRICT OF TEXAS FORT WORTH

Date published: Mar 2, 2017

Citations

NO. 02-11-00253-CR (Tex. App. Mar. 2, 2017)