In a recent capital murder case out of Texas, the appellant was charged with capital murder after confessing on videotape to shooting a man. Appellant filed a motion to suppress his confession, contending it was involuntary and obtained in violation of the federal and state constitutions and Texas law
At the suppression hearing, the interrogating officer admitted he had fabricated a forensic lab report falsely stating that appellant's fingerprints were found on the murder weapon to convince appellant to respond to his questioning and give him incriminating information.
The Court of Criminal Appeals held that the confession
was inadmissible under the Texas Code of Criminal Procedure 38.23 because the officer fabricated documentary evidence in violation of Texas Penal Code 37.09 and used it to persuade a suspect to confess.