David Isidor Port v. State Texas Book Reviews

David Isidor Port v. State Texas by Third District, Austin Court of Appeals of Texas Book Summary

On first submission, we reversed the trial courts judgment in which the appellant, David Isidor Port, was convicted of murdering Debra Schatz, a postal carrier. Port v. State, 736 S.W.2d 865 (Tex. App. 1987). We reversed the conviction on the ground that the appellants unrecorded oral admission of guilt was not admissible under Tex. Code Cr. P. Ann. art. 38.22 (1977 and Supp. 1987). On the States motion to reconsider, filed concurrently with its petition for discretionary review, we modified our original opinion in light of Briddle v. State, 742 S.W.2d 379 (Tex. Cr. App. 1987), cert. denied, 488 U.S. 986, 109 S.Ct. 543, 102 L.Ed.2d 573 (1988), but did not alter our judgment. Port v. State, 738 S.W.2d 787 (Tex. App. 1987). The Court of Criminal Appeals granted the States petition for discretionary review, found that the oral statements of the appellant were admissible under art. 38.22, section 3(c), reversed our judgment (both on original submission and on reconsideration), and remanded the cause to us for disposition of points of error unanswered on original submission. Port v. State, 791 S.W.2d 103 (Tex. Cr. App. 1990). We will affirm the trial courts judgment.

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