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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 3(a) of article 38.22 of the Texas Code of Criminal Procedure explicitly requires for recorded oral statements that warnings have actually been given and waivers made. The proof must show that this actually occurred and that it occurred “during the recording.” Tex. Code Crim. Proc. art. 38.22, § 3(a).