Legal Opinion

Antonio Aviles v. State

Texas Court of Appeals, 4th District (San Antonio)

Decided September 26, 2012No. 04-11-00877-CRPublishedCited by 52 opinions

1Opinion of the Court

OPINION

Opinion by:

MARIALYN BARNARD, Justice.

Appellant Antonio Aviles was charged with felony driving while intoxicated. Af ter the trial court denied his motion to suppress, Aviles entered a plea of nolo contendere and was sentenced to two years confinement in the Texas Department of Criminal Justice — Institutional Division. 1 On appeal, Aviles challenges the trial court’s denial of his motion to suppress, arguing the court erred by admitting into evidence his blood specimen because he was arrested without a warrant, and his blood sample was obtained without consent and without a warrant. We…

2Cases cited25 opinions

  1. Terry v. OhioSupreme Court of the United States · 1968
  2. Katz v. United StatesSupreme Court of the United States · 1967
  3. Schmerber v. CaliforniaSupreme Court of the United States · 1966
  4. Berkemer v. McCartySupreme Court of the United States · 1984
  5. United States v. SokolowSupreme Court of the United States · 1989

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3Cited by52 opinions

  1. Daniel James Weems v. State, Texas Court of Appeals, 4th District (San Antonio)2014
  2. Commonwealth, Aplt. v. Myers, D.Supreme Court of Pennsylvania · 2017
  3. State v. Micah Abraham WulffIdaho Supreme Court · 2014
  4. Antonio Aviles v. State, Texas Court of Appeals, 4th District (San Antonio)2014
  5. People v. HarrisCalifornia Court of Appeal · 2015

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