Main Menu
Bookmark Page
My AccountChapter 3
- 3.1 Jury Submission of Issues Relating to Out-of-Court Statements
- 3.2 The Corpus Delicti Rule
- 3.3 When Submission Is Required under Texas Code of Criminal Procedure Article 38.22, Section 6
- 3.4 Content of Instruction Regarding Voluntariness
- 3.5 Instruction—Texas Law Voluntariness
- 3.6 Instruction—Texas Law Voluntariness—Fruits of Contested Statement at Issue
- 3.7 When Submission Is Required under Texas Code of Criminal Procedure Article 38.22, Section 7
- 3.8 Content of Instruction Regarding Warnings and Waivers
- 3.9 Instruction—Possible State Law Right to Counsel During Custodial Interrogation
- 3.10 When Submission of Written Statements Is Required
- 3.11 Warning by Magistrate
- 3.12 Instruction—Written Statement with Warning by Person to Whom Statement Was Made
- 3.13 Instruction—Written Statement with Warning by Magistrate
- 3.14 When Submission of Oral Statements Is Required
- 3.15 Content of Instruction Regarding Oral Recorded Statements
- 3.16 Instruction—Warnings and Waiver Required for Recorded Oral Statement
- 3.17 When Submission of a Claim of Federal Due-Process Involuntariness Is Required
- 3.18 Contents of Instruction Regarding Federal Due-Process Voluntariness
- 3.19 Instruction—Normal Due-Process Voluntariness
- 3.20 Claims of Due-Process Voluntariness Addressing Overbearing of the Will
- 3.21 Instruction—Due-Process Overbearing of the Will Voluntariness
Comment
Section 2 of article 38.22(a) of the Texas Code of Criminal Procedure provides for admission of a written statement on the basis of article 15.17 warnings given by a magistrate. Article 15.17(a) provides in part:
The magistrate shall inform in clear language the person arrested, either in person or through the electronic broadcast system, of the accusation against him and of any affidavit filed therewith, of his right to retain counsel, of his right to remain silent, of his right to have an attorney present during any interview with peace officers or attorneys representing the state, of his right to terminate the interview at any time, and of his right to have an examining trial. The magistrate shall also inform the person arrested of the person’s right to request the appointment of counsel if the person cannot afford counsel. The magistrate shall inform the person arrested of the procedures for requesting appointment of counsel.
Tex. Code Crim. Proc. art. 15.17(a).
Section 2 of article 38.22(a) apparently requires a magistrate’s warning to include all of these. See Tex. Code Crim. Proc. art. 38.22(a).