Legal Opinion

Foster v. State

Court of Appeals of Texas

Decided March 14, 1983No. 05-81-00994-CRPublishedCited by 4 opinions

1Opinion of the Court

GUITTARD, Chief Justice.

Appellant complains of the admission of two written confessions on the ground that they are the result of an illegal arrest. We agree, but we find that after excluding these confessions, the evidence was sufficient to support a conviction. Accordingly, we reverse and remand for a new trial.

1. Effect of Illegal Arrest

After a pretrial hearing on appellant’s motion to suppress appellant’s two written statements, the trial court filed findings and conclusions stating that appellant’s arrest was without probable cause and illegal 1 but that appellant’s knowledge of the law…

2Cases cited7 opinions

  1. Brown v. IllinoisSupreme Court of the United States · 1975
  2. Dunaway v. New YorkSupreme Court of the United States · 1979
  3. Taylor v. AlabamaSupreme Court of the United States · 1982
  4. Green v. StateCourt of Criminal Appeals of Texas · 1981
  5. McKittrick v. StateCourt of Criminal Appeals of Texas · 1976

2 more not listed; retrieve them via the Exa API.

3Cited by4 opinions

  1. Foster v. StateCourt of Criminal Appeals of Texas · 1984
  2. Foster v. State, Texas Court of Appeals, 5th District (Dallas)1985
  3. Polk v. State, Texas Court of Appeals, 5th District (Dallas)1986
  4. Foster v. StateCourt of Criminal Appeals of Texas · 1984

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API