Legal Opinion

Stewart v. State

Court of Appeals of Texas

Decided October 4, 1984No. B14-83-203-CRPublishedCited by 36 opinions

1Opinion of the Court

OPINION ON MOTION FOR REHEARING EN BANC

SEARS, Justice.

On Motion for Rehearing, En Banc, the original opinion is withdrawn and the judgment of the Trial Court is reversed and remanded.

This case involves the question of whether a warrantless entry by police into the private apartment of Appellant was justified under the “emergency doctrine.”

Appellant was convicted, in a trial to the court, of manufacturing methamphetamine. He received a probated sentence and a $4000 fine. The conviction was affirmed by two justices of this court and a dissent was written by Justice Ellis. Appellant timely filed…

2Cases cited17 opinions

  1. Terry v. OhioSupreme Court of the United States · 1968
  2. Katz v. United StatesSupreme Court of the United States · 1967
  3. Payton v. New YorkSupreme Court of the United States · 1980
  4. Johnson v. United StatesSupreme Court of the United States · 1948
  5. Boyd v. United StatesSupreme Court of the United States · 1886

12 more not listed; retrieve them via the Exa API.

3Cited by36 opinions

  1. McNairy v. StateCourt of Criminal Appeals of Texas · 1991
  2. Robinson v. StateCourt of Criminal Appeals of Texas · 1987
  3. Kenneth Lee Douds v. State, Texas Court of Appeals, 14th District (Houston)2014
  4. Ramirez v. State, Texas Court of Appeals, 3rd District (Austin)2003
  5. Pine v. StateCourt of Appeals of Texas · 1994

31 more not listed; retrieve them via the Exa API.

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