Legal Opinion
State v. Mosely
Texas Court of Appeals, 3rd District (Austin)
Decided August 30, 2011No. 03-09-00721-CRPublishedCited by 37 opinions
1Opinion of the Court
OPINION
DAVID PURYEAR, Justice.
The State appeals an order granting Michael Mosely’s pre-trial motion to suppress evidence. See Tex.Crim. Proc.Code Ann. art. 44.01(a)(5) (West Supp. 2010). Mosely was involved in a traffic accident and subsequently had his blood-alcohol content (“BAC”) tested via blood-draw. Based on the results of the test, the State charged Mosely with driving while intoxicated (“DWI”). See Tex. Penal Code Ann. § 49.04 (West 2003). Mosely moved to suppress the results of the test on the grounds that he did not consent to the test and was not subject to an involuntary test. See…
2Cases cited17 opinions
- Schneckloth v. BustamonteSupreme Court of the United States · 1973
- Schmerber v. CaliforniaSupreme Court of the United States · 1966
- Carmouche v. StateCourt of Criminal Appeals of Texas · 2000
- Crain v. StateCourt of Criminal Appeals of Texas · 2010
- State v. MechlerCourt of Criminal Appeals of Texas · 2005
12 more not listed; retrieve them via the Exa API.
3Cited by37 opinions
- Kenneth Lee Douds v. State, Texas Court of Appeals, 14th District (Houston)2014
- Jesse Thomas Sutherland v. State, Texas Court of Appeals, 7th District (Amarillo)2014
- State v. David Villarreal, Texas Court of Appeals, 13th District2014
- Antonio Ruiz Perez v. StateCourt of Appeals of Texas · 2015
- Steven Cole v. State, Texas Court of Appeals, 6th District (Texarkana)2014
32 more not listed; retrieve them via the Exa API.