Legal Opinion

Ex Parte Kohut

Texas Court of Appeals, 5th District (Dallas)

Decided October 29, 1997No. 05-97-00291-CRPublishedCited by 2 opinions

1Opinion of the Court

THOMAS, Chief Justice.

Paul Walter Kohut is awaiting trial for driving while intoxicated. In the trial court, he filed a motion to suppress the evidence obtained as a result of the traffic stop. Specifically, he argued that the negative determination of reasonable suspicion by an administrative law judge during a driver’s license suspension hearing collaterally es-topped the State from relitigating the issue of reasonable suspicion at trial and required the court to suppress evidence derivative of the allegedly illegal stop. The trial court denied the motion. Appellant subsequently filed an…

2Cases cited14 opinions

  1. Ashe v. SwensonSupreme Court of the United States · 1970
  2. Breed v. JonesSupreme Court of the United States · 1975
  3. McVickers v. StateCourt of Criminal Appeals of Texas · 1993
  4. Joseph Bennard Nichols v. Wayne Scott, Director, Texas Department of Criminal Justice, Institutional Division, Cross-AppelleeCourt of Appeals for the Fifth Circuit · 1995
  5. Tharp v. StateCourt of Criminal Appeals of Texas · 1996

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3Cited by2 opinions

  1. State v. Rodriguez, Texas Court of Appeals, 11th District (Eastland)1999
  2. Thomas v. State, Texas Court of Appeals, 5th District (Dallas)1999

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