Sara Katherine Clay v. State

OPINION

TOM GRAY, Chief Justice.

This case presents an extraordinarily important issue of first impression to this Court and an issue not yet decided by the Court of Criminal Appeals. The issue is whether an affidavit filed in support of a search warrant must be upon an oath administered by a person authorized to take an oath in a face-to-face meeting with the affiant. The particular context in which the issue is presented in this case is whether an oath administered by a judge over the telephone to the affiant is properly used to obtain a search warrant when the affiant, after making the oath,…