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Broberick v. State

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eBook details

  • Title: Broberick v. State
  • Author : Texas Court of Appeals
  • Release Date : January 03, 2002
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 51 KB

Description

A jury convicted appellant, Edward John Broderick, of two counts of aggravated sexual assault of a child and assessed punishment of 99 years imprisonment. In a single point of error, appellant argues the trial court erred by limiting the scope of cross-examination during a preliminary hearing on the admissibility of the victims outcry statement under article 38.072 of the Texas Code of Criminal Procedure, and that the trial courts error substantially affected his rights during trial. We affirm. Background 1In October 2001, appellant was tried on two counts of aggravated sexual assault of C.B., his great-nephews daughter. Before trial, the State filed a notice of its intent to introduce C.B.s outcry statement to her father, Edwin L. Broderick, under the hearsay exception provided by article 38.072 of the Texas Code of Criminal Procedure. The State served appellant with a copy of the motion and a written statement by Edwin Broderick summarizing C.B.s outcry to him. The court, pursuant to article 38.072, conducted a preliminary hearing outside the presence of the jury to determine the admissibility of C.B.s statements to her father about the abuse.


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