Legal Opinion

Buchanan v. State

Texas Court of Appeals, 6th District (Texarkana)

Decided October 25, 2005No. 06-05-00018-CRPublishedCited by 7 opinions

1Opinion of the Court

OPINION

Opinion by

Justice CARTER.

Cedric James Buchanan was convicted of aggravated robbery. The jury found that he had twice been previously convicted and assessed punishment at thirty years’ confinement. Buchanan appeals the trial court’s denial of his motion to suppress evidence. Buchanan contends it was error for the trial court to deny the motion because his arrest and the subsequent search violated both the United States and Texas Constitutions as well as provisions of the Texas Code of Criminal Procedure. We reverse and remand for a new trial.

Factual Background

Buchanan was accused of…

2Cases cited27 opinions

  1. Guzman v. StateCourt of Criminal Appeals of Texas · 1997
  2. Rakas v. IllinoisSupreme Court of the United States · 1979
  3. Smith v. MarylandSupreme Court of the United States · 1979
  4. O'NEAL v. McAninchSupreme Court of the United States · 1995
  5. Garcia v. StateCourt of Criminal Appeals of Texas · 2001

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3Cited by7 opinions

  1. Buchanan v. StateCourt of Criminal Appeals of Texas · 2006
  2. Marlene Cook v. StateCourt of Appeals of Texas · 2016
  3. Buchanan, Cedrick JamesCourt of Criminal Appeals of Texas · 2006
  4. Gard, Richarl AllanCourt of Appeals of Texas · 2015
  5. Jerry Rangel v. State, Texas Court of Appeals, 10th District (Waco)2009

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