Legal Opinion
McGuire v. State
Court of Appeals of Texas
Decided May 10, 2016No. 01-14-00240-CR, NO. 01-14-00241-CR, NO. 01-14-01023-CRPublishedCited by 28 opinions
1Opinion of the Court
OPINION
Harvey Brown, Justice
This is a fatality DWI case. The driver, Sean McGuire, refused consent when a police officer asked him to submit his blood for analysis of its alcohol concentration. Despite his lack of consent, and without a warrant, the police officer obtained a blood sample at a local hospital. The blood draw occurred approximately 90 minutes after the collision and revealed an alcohol concentration that was twice the legal limit. McGuire had two prior out-of-state DWIs, which served to enhance this third DWI to a third-degree felony.
In two separate indictments, McGuire was…
2Cases cited74 opinions
- Jackson v. VirginiaSupreme Court of the United States · 1979
- Schneckloth v. BustamonteSupreme Court of the United States · 1973
- Mapp v. OhioSupreme Court of the United States · 1961
- Schmerber v. CaliforniaSupreme Court of the United States · 1966
- Clayton v. StateCourt of Criminal Appeals of Texas · 2007
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3Cited by28 opinions
- Colura v. StateCourt of Appeals of Texas · 2016
- Matamoros v. StateCourt of Appeals of Texas · 2016
- Andrea Lane Whitney v. State, Texas Court of Appeals, 5th District (Dallas)2018
- Blaine T. Boudreaux v. State, Texas Court of Appeals, 14th District (Houston)2020
- Brandon Keith Burcham v. State, Texas Court of Appeals, 5th District (Dallas)2018
23 more not listed; retrieve them via the Exa API.