State v. Daugherty

Because I believe Texas Code of Criminal Procedure Article 38.28 does not bar the use in Texas of the United States Supreme Court’s inevitable discovery doctrine announced in Nix v. Williams, 467 U.S. 431, 104 S.Ct. 2501, 81 L.Ed.2d 377 (1984), I respectfully dissent.

Appellant was observed by Southlake Police Officer Hart on the morning of September 14, 1989 in a neighborhood that was having problems with burglaries. As Officer Hart approached appellant’s truck, appellant ducked. Hart proceeded up the street and parked. He then observed appellant getting out of his truck, walking up to a…