Watson v. State
Texas Criminal Court of Appeals
596 S.W.2d 867 (1980)
- Written by Sean Carroll, JD
Facts
Watson (defendant) was charged with murder. The prosecution (plaintiff) called George Keilmann Sr. as a witness. Keilmann had suffered a stroke and as a result could not write or talk except for saying “uh-huh.” Keilmann could hear but did not have full capacity to understand questions. Outside the jury’s presence, the trial judge and parties assessed Keilmann’s competency to serve as a witness. The judge seemed uncertain of Keilmann’s competency when the prospect of an interpreter was raised. A woman who had been taking care of Keilmann for six months stated that she knew when Keilmann was communicating “yes” and when he was communicating “no.” The trial judge permitted Keilmann’s testimony with the help of this interpreter. Keilmann’s testimony in this manner was at times contradictory. Watson was convicted, and he appealed, arguing that Keilmann’s testimony through an interpreter should not have been admitted.
Rule of Law
Issue
Holding and Reasoning (Clinton, J.)
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