Ross v. State

2 Citing cases

  1. Cadoree v. State

    331 S.W.3d 514 (Tex. App. 2011)   Cited 40 times
    Concluding consent was voluntary where appellant had been patted down and placed in patrol car, but police officer was not threatening and did not draw his firearm but "merely inquired whether there was anything in appellant's room that" the officer '"should know about,' to which appellant responded by giving [the officer] permission to search his room"

    When a witness invokes her Fifth Amendment right against self-incrimination on the advice of the witness's counsel, the trial court is not obligated to make any further determination. See Ross v. State, 486 S.W.2d 327, 328 (Tex.Crim.App. 1972); Boler v. State, 177 S.W.3d 366, 371 (Tex. App.-Houston [1st Dist] 2005, pet. ref'd). Further, if the trial court was not requested to compel the witness to testify, a defendant may not claim for the first time on appeal that the witness waived her Fifth Amendment privilege.

  2. Walters v. State

    Nos. 05-08-01244-CR, 05-08-01245-CR (Tex. App. Dec. 9, 2010)

    When a witness invokes his Fifth Amendment right against self-incrimination on the advice of the witness's counsel, the trial court is not obligated to make any further determination. Ross v. State, 486 S.W.2d 327, 328 (Tex. Crim. App. 1972); Chennault v. State, 667 S.W.2d 299, 302 (Tex. App.-Dallas 1984, pet. ref'd). In this case, appellant sought to question West about the relationship of the parties, Stephenson's assault of appellant at the Red Blood Club one month prior, and the events leading up to the assaults on the evening in question. West, acting under the advice of counsel, invoked her Fifth Amendment right to not testify on the ground that to do so might incriminate her.