Legal Opinion

HERNANDEZ, ISRAEL GARCIA v. the State of Texas

Court of Criminal Appeals of Texas

Decided December 19, 2025No. PD-0176-25Published

1Opinion of the Court

IN THE COURT OF CRIMINAL APPEALS OF TEXAS NO. PD-0176-25 ISRAEL GARCIA HERNANDEZ, Appellant v. THE STATE OF TEXAS ON APPELLANT’S PETITION FOR DISCRETIONARY REVIEW FROM THE THIRTEENTH COURT OF APPEALS WILLACY COUNTY SCHENCK, P.J. filed a dissenting opinion. DISSENTING OPINION The majority concludes no rational juror could find beyond a reasonable doubt the initial traffic stop of Appellant, Israel Garcia Hernandez, could be reasonable as a matter of fact within the meaning and sweep of the Fourth Amendment. I disagree. I would instead conclude we are obliged to give deference to a rational…

2Cases cited23 opinions

  1. Jackson v. VirginiaSupreme Court of the United States · 1979
  2. Terry v. OhioSupreme Court of the United States · 1968
  3. Guzman v. StateCourt of Criminal Appeals of Texas · 1997
  4. United States v. CortezSupreme Court of the United States · 1981
  5. Hooper v. StateCourt of Criminal Appeals of Texas · 2007

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