Legal Opinion

Baldwin, John Wesley

Court of Criminal Appeals of Texas

Decided May 11, 2022No. PD-0027-21Published

1Opinion of the Court

IN THE COURT OF CRIMINAL APPEALS OF TEXAS NO. PD-0027-21 THE STATE OF TEXAS v. JOHN WESLEY BALDWIN, Appellee ON STATE’S PETITION FOR DISCRETIONARY REVIEW FROM THE FOURTEENTH COURT OF APPEALS HARRIS COUNTY KELLER, P.J., filed a dissenting opinion in which YEARY, KEEL and SLAUGHTER, JJ., joined. I agree with the Court that (so-called) boilerplate language in a probable-cause affidavit about cell phones can be considered by a court but must be coupled with other facts and reasonable inferences to establish a nexus between the device and the offense. But I disagree with the Court’s conclusion…

2Cases cited2 opinions

  1. United States v. Martavis JamesCourt of Appeals for the Eighth Circuit · 2021
  2. State v. EveryLouisiana Court of Appeal · 2019

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