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Walters v. State

A jury found the appellant guilty of two counts of aggravated assault with a deadly weapon. A witness at trial refused to testify, citing the Fifth Amendment. The court of appeals affirmed the trial court's decision not to compel the witness's testimony. The Court of Criminal Appeals overrules its prior opinion in Ross v. State, now holding that a trial court is required to make an inquiry into the reasonableness of a witness's assertion of the Fifth Amendment privilege against self-incrimination. Because the trial court did make the requisite inquiry, the judgments of the courts below are affirmed. Walters v. State, Court of Criminal Appeals, No. PD-0064-11, 12-07-2011.

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Womack, J., delivered the opinion of the unanimous Court.

In September, 2007, a jury found the appellant guilty of two counts of aggravated assault with a deadly weapon.*fn1 In each case, the trial court sentenced the appellant to 40 years’ confinement, to run concurrently, and a $2,500 fine. In December, 2010, the Fifth Court of Appeals affirmed the appellant’s convictions in an unpublished opinion.*fn2 The appellant now raises one issue for our review. Finding that the Court of Appeals reached the correct conclusion, but that it did so using an incorrect standard from one of our prior cases, we affirm the judgments of the lower courts and overrule our earlier opinion in Ross v. State.*fn3

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