Published on Texas District & County Attorneys Association (http://www.tdcaa.com)
Gaitan v. State - 2nd COA

The defendant's confrontation clause rights were not violated by allowing a child witness to testify by closed-circuit television. The state established that the witness would be unavailable to testify under CCP art. 38.071 [1] because he would suffer undue psychological or physical harm through his involvement in the trial. In addition, the defendant had the opportunity to cross-examine the witness via CCTV. Gaitan v. State, 2-06-399-CR [2].

Source URL: http://www.tdcaa.com/node/2380

Links:
[1] http://tlo2.tlc.state.tx.us/statutes/docs/CR/content/htm/cr.001.00.000038.00.htm#38.071.00
[2] http://www.2ndcoa.courts.state.tx.us/opinions/htmlopinion.asp?OpinionId=19345