Legal Opinion
Pena v. State
Court of Criminal Appeals of Texas
Decided April 26, 2006No. PD-0966-05PublishedCited by 154 opinions
1Opinion of the CourtKeller, P.J.
the Court
in which PRICE, JOHNSON, HOLCOMB, and COCHRAN, JJ., joined.
The Court of Appeals reversed appellant’s conviction after determining that the Texas Constitution grants broader protection than the United States Constitution when evidence is lost or destroyed. This issue was neither raised on appeal nor briefed by the parties. We hold that the *134Court of Appeals erred in failing to give the parties the opportunity to brief the issue.
I. BACKGROUND
Appellant was charged with possession of marijuana. Before trial, he requested an independent analysis of the evidence. It was discovered that the…
2Cases cited13 opinions
- Penson v. OhioSupreme Court of the United States · 1988
- California v. TrombettaSupreme Court of the United States · 1984
- Arizona v. YoungbloodSupreme Court of the United States · 1989
- Clinton v. JonesSupreme Court of the United States · 1997
- Spector Motor Service, Inc. v. McLaughlinSupreme Court of the United States · 1944
8 more not listed; retrieve them via the Exa API.
3Cited by154 opinions
- Bigon v. StateCourt of Criminal Appeals of Texas · 2008
- Pena v. StateCourt of Criminal Appeals of Texas · 2009
- Garza v. StateCourt of Criminal Appeals of Texas · 2007
- Pena, Jose LuisCourt of Criminal Appeals of Texas · 2011
- Sanchez v. StateCourt of Criminal Appeals of Texas · 2006
149 more not listed; retrieve them via the Exa API.