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I'm looking for an example perjury indictment using Section 37.06, two inconsistent statement under oath, both of which cannot be true. Any help appreciated.
 
Posts: 2137 | Location: McKinney, Texas, USA | Registered: February 15, 2001Reply With QuoteReport This Post
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Thank you to Ken Sparks for faxing me the appropriate portion of the TDCAA charging manual.
 
Posts: 2137 | Location: McKinney, Texas, USA | Registered: February 15, 2001Reply With QuoteReport This Post
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And check with Bradley, who successfully prosecuted a writ-writer....
 
Posts: 273 | Registered: January 19, 2001Reply With QuoteReport This Post
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You know just what we're up to.
 
Posts: 2137 | Location: McKinney, Texas, USA | Registered: February 15, 2001Reply With QuoteReport This Post
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For an example of a defendant prosecuted for aggravated perjury, see Gerald Lee v. State. Defendant filed a writ, saying he was innocent that and that his taped phone call confession had been altered to delete his denial of the crime.

He forgot to mention that alteration at his original trial. Took him several years to dream up that innocent lie.

We filed aggravated perjury, alleging the writ was a lie. We didn't file the inconsistent statements version; we just said he lied.

Result: conviction and an additional 4 years in prison stacked on his original sentence.

Query: if defendant had testified at the aggravated perjury trial and denied, again, that he was guilty, could we file another case of aggravated perjury?
 
Posts: 7860 | Location: Georgetown, Texas | Registered: January 25, 2001Reply With QuoteReport This Post
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