Q: Delivery of control substance by a ci for the state of Texas maybe on video or recording trial date coming up but ci has
passed away, what or my best options for trial? Thanks for consideration.
A: Nobody on an online forum can give you better advice than your own lawyer who is familiar with the evidence and potential witnesses in the case.
Roy Lee Warren agrees with this answer
Ms. Pace is of course correct but you probably want to know the law on the subject, correct?
Any statement by the CI would be considered "hearsay" b/c its an "out of court statement offered for the truth of the matter asserted". The Texas Rules of Criminal Procedure (Art 38.23) prohibits certain evidence to be presented at trial, stating:
EVIDENCE NOT TO BE USED (a) No evidence obtained by an officer or other person in violation of any provisions of the Constitution or laws of the State of Texas, or of the Constitution or laws of the United States of America, shall be admitted in evidence against the accused on the trial of any criminal case. In any case where the legal evidence raises an issue hereunder, the jury shall be instructed that if it believes, or has a reasonable doubt, that the evidence was obtained in violation of the provisions of this Article, then and in such event, the jury shall disregard any such evidence so obtained.
Of course that is just a small sample of some of the law that may apply (complex). The CI will not be available to cross examine so your lawyer will have a good argument no statement can be presented from the CI because you have a Constitutional right to confront those accusing you. Best of luck to you.
Kiele Linroth Pace agrees with this answer
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