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Criminal Procedure Keyed to Miller
Robert Rubalcado v. State
Citation:424 S.W.3d 560 (Tex. Crim. App. 2014)
Rubalcado was in a relationship with J.S.’s mother in Midland County and the family later moved to Ector County. In 2009, a complaint was filed in Ector County accusing Rubalcado of sexually assaulting J.S. When Rubalcado was released on bail, Midland police asked J.S. to call Rubalcado in an effort to induce discriminatory statements to aid their investigation. J.S. agreed to make the calls, and the police provided recording equipment to connect to her phone. At least one officer was with J.S. during each call, but they did not tell J.S. what to say. At times during each of the three calls, J.S. made comments such as, “Can I ask why you were doing those things to me? The way you were touching me and stuff like that.” The State offered the three recorded conversations at the trial in Ector County.
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