Legal Opinion

McKenna v. State

Texas Court of Appeals, 1st District (Houston)

Decided October 24, 1984No. 01-83-0138-CRPublishedCited by 4 opinions

1Opinion of the Court

OPINION

BASS, Justice.

Appellant was convicted by a jury of driving while intoxicated, and the court assessed punishment at 30 days confinement and a $400 fine, probated for two years. In a single ground of error, appellant challenges the trial court’s admission of a urine sample into evidence.

Appellant argues that because the urine sample was not voluntarily given, it was not admissible. The police took appellant to the station and handcuffed him to a chair for an hour and a half until he asked to be taken to the bathroom. They removed his handcuffs at the urinal, and then they reached around…

2Cases cited5 opinions

  1. Schmerber v. CaliforniaSupreme Court of the United States · 1966
  2. Aliff v. StateCourt of Criminal Appeals of Texas · 1982
  3. Olson v. StateCourt of Criminal Appeals of Texas · 1969
  4. Darland v. StateCourt of Criminal Appeals of Texas · 1979
  5. Davis v. District of ColumbiaDistrict of Columbia Court of Appeals · 1968

3Cited by4 opinions

  1. Lara v. State, Texas Court of Appeals, 1st District (Houston)1987
  2. Soto v. City of LaredoDistrict Court, S.D. Texas · 1991
  3. Dye, Stacy Kelley v. State, Texas Court of Appeals, 8th District (El Paso)2003
  4. Jessie James Alvarez v. State, Texas Court of Appeals, 3rd District (Austin)1998

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