Document Type

Article

Publication Date

1-1989

Journal Title

American Journal of Criminal Law

ISSN

0092-2315

Abstract

Garrett's disturbing outcome is the most egregious in a series of decisions promulgated by the Texas Court of Criminal Appeals during the past decade. The result is the product of a sufficiency of evidence analysis in which appellate courts compare the evidence presented to the jury charge alone. Such a sufficiency review exceeds the constitutional safeguards announced by the United States Supreme Court. While a state may provide greater rights than those protected by the federal constitution, doing so in this situation represents poor policy and ill-conceived law. This article will explore various methods for analyzing sufficiency of evidence and trace the evolution of Texas cases culminating in Garrett. Finally, the authors will suggest an alternative analysis that is consistent with constitutional due process and avoids the pitfalls of the current scheme.

First Page

161

Last Page

180

Volume Number

16

Issue Number

2

Publisher

University of Texas School of Law

Included in

Law Commons

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