Pointer v. Texas

Pointer v. Texas
Argued 15 March, 1965
Decided 5 April, 1965
Full case namePointer v. Texas
Citations380 U.S. 400 (more)
85 S. Ct. 1065; 13 L. Ed. 2d 923
Case history
PriorPointer v. State, 375 S.W.2d 293 (Tex. Crim. App. 1963)
Holding
Right to confront and cross-examine witnesses is fundamental under the Sixth Amendment and applies to state courts under the Fourteenth Amendment.
Court membership
Chief Justice
Earl Warren
Associate Justices
Hugo Black · William O. Douglas
Tom C. Clark · John M. Harlan II
William J. Brennan Jr. · Potter Stewart
Byron White · Arthur Goldberg
Case opinions
MajorityBlack, joined by Warren, Douglas, Clark, Brennan, White, Goldberg
ConcurrenceHarlan (in result)
ConcurrenceStewart (in result)
ConcurrenceGoldberg
Laws applied
U.S. Const. amends. VI, XIV

Pointer v. Texas, 380 U.S. 400 (1965), was a decision by the United States Supreme Court involving the application of the right of to confront accusers in state court proceedings. The Sixth Amendment in the Bill of Rights states that, in criminal prosecutions, the defendant has a right "...to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor..." In this case, a person arrested in Texas for robbery was deprived of the ability to cross-examine a witness when the lower court allowed the introduction of a transcript of that witness's earlier testimony at a preliminary proceeding instead of compelling attendance by the witness at trial.