Legal Opinion
Krause, Robert Randall
Court of Criminal Appeals of Texas
Decided May 8, 2013No. PD-0819-12Published
1Opinion of the Court
IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. PD-0819-12
ROBERT RANDALL KRAUSE, Appellant
v.
THE STATE OF TEXAS
ON STATE'S PETITION FOR DISCRETIONARY REVIEW
FROM THE FOURTEENTH COURT OF APPEALS
HARRIS COUNTY
Price, J., filed a dissenting opinion in which Womack, J., joined.
DISSENTING OPINION
Rachel Lopez was not a physician, chemist, registered professional nurse, or licensed vocational nurse. If she was authorized to draw the appellant's blood under the statute, it could only be by virtue of her status as a "qualified technician." (1) The statute does not define this term, but it does expressly…
2Cases cited6 opinions
- Tapps v. StateCourt of Criminal Appeals of Texas · 2009
- State v. Laird, Texas Court of Appeals, 3rd District (Austin)2001
- State v. Bingham, Texas Court of Appeals, 10th District (Waco)1996
- Cavazos v. State, Texas Court of Appeals, 13th District1998
- Torres v. StateCourt of Appeals of Texas · 2003
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