Hale v. State

In Hale v. State (Tex.App. 2004) 139 S.W.3d 418, the court concluded that an accomplice's written inculpatory testimonial statement made in the course of custodial interrogation was inadmissible in defendant's trial, and required reversal of defendant's convictions. " The admission of a testimonial statement by an accomplice or codefendant as evidence of guilt of the defendant on trial, absent opportunity by the defendant to cross examine the declarant, is 'sufficient to make out a violation of the Sixth Amendment.' Crawford v. Washington (2004) 541 U.S. 36. ... Because the Sixth Amendment right of confrontation is a fundamental right, and because a violation of that right constitutes constitutional error, we must reverse a trial court's judgment when Confrontation Clause error is present unless we can determine beyond a reasonable doubt that the error did not contribute to the conviction. " (Hale, supra, at pp. 421-422.)