Legal Opinion
Kennedy v. State
Court of Criminal Appeals of Texas
Decided October 21, 2009No. PD-1318-08PublishedCited by 74 opinions
1Opinion of the Court 1
OPINION
2Opinion of the Court · KeaslerKeasler, J.
The Austin Court of Appeals held that Michael Patrick Kennedy had no right to appeal the trial judge’s decision to deny part of his suppression motion under the standard for open-plea cases announced in Young v. State. 1 We conclude that this is a charge-bargain case; therefore, Kennedy has the right to appeal under Texas Rule of Appellate Procedure 25.2(a)(2), as interpreted in Shankle v. State. 2
Background
Kennedy was charged with attempted capital murder and deadly conduct. Before trial, Kennedy moved to suppress evidence seized from his property. After hearing testimony and the…
3Cases cited3 opinions
- Young v. StateCourt of Criminal Appeals of Texas · 2000
- Shankle v. StateCourt of Criminal Appeals of Texas · 2003
- Kennedy v. State, Texas Court of Appeals, 3rd District (Austin)2008
4Cited by74 opinions
- Kennedy v. State, Texas Court of Appeals, 3rd District (Austin)2011
- Thomas v. StateCourt of Criminal Appeals of Texas · 2017
- Gregg Carl Baird v. State, Texas Court of Appeals, 10th District (Waco)2012
- Amy Tilley v. the State of Texas, Texas Court of Appeals, 2nd District (Fort Worth)2023
- Andres Alejandro Barragan v. the State of Texas, Texas Court of Appeals, 3rd District (Austin)2025
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