Texas Government Code 432.075 – Admissibility of Records of Courts of Inquiry
Current as of: 2024 | Check for updates
|
Other versions
(a) In a case not extending to the dismissal of a commissioned officer, the sworn testimony contained in the duly authenticated record of proceedings of a court of inquiry of a person whose oral testimony cannot be obtained, may, if otherwise admissible under the rules of evidence, be read in evidence by a party before a court-martial if the accused was a party before the court of inquiry and the same issue was involved or if the accused consents to the introduction of the evidence.
(b) The testimony may be read in evidence only by the defense in cases extending to the dismissal of a commissioned officer.
Terms Used In Texas Government Code 432.075
- Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Person: includes corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity. See Texas Government Code 311.005
- sworn: includes affirm or affirmed. See Texas Government Code 312.011
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
(c) The testimony may also be read in evidence before a court of inquiry or a military board.
(d) In all courts of inquiry both enlisted men and officers have the right to counsel and the right to cross examination of all witnesses.