Legal Opinion

Holmes v. State

Texas Court of Appeals, 10th District (Waco)

Decided March 11, 1998No. 10-97-080-CRPublishedCited by 55 opinions

1Opinion of the Court

OPINION

DAVIS, Chief Justice.

A jury convicted Appellant Michael Dwayne Holmes of possessing a usable quantity of marihuana in the amount of two ounces or less. See Tex. Health & Safety Code Ann. § 481.121(b)(1) (Vernon Supp. 1998). The court sentenced Holmes to 120 days’ confinement in the county jail and a fine of $1,500.

Holmes contends in this appeal that the court erred by:

• misconstruing article 38.23 of the Code of Criminal Procedure;

• denying his motion for an instructed verdict;

• admitting evidence obtained pursuant to an illegal search;

• denying his requested article 38.23 instruction…

2Cases cited42 opinions

  1. Kotteakos v. United StatesSupreme Court of the United States · 1946
  2. Brown v. IllinoisSupreme Court of the United States · 1975
  3. Doyle v. OhioSupreme Court of the United States · 1976
  4. King v. StateCourt of Criminal Appeals of Texas · 1997
  5. Dinkins v. StateCourt of Criminal Appeals of Texas · 1995

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

3Cited by55 opinions

  1. State v. PaduaSupreme Court of Connecticut · 2005
  2. Smith v. State, Texas Court of Appeals, 10th District (Waco)2001
  3. Moore v. State, Texas Court of Appeals, 3rd District (Austin)2002
  4. Guy v. StateCourt of Appeals of Texas · 2005
  5. Murphy v. State, Texas Court of Appeals, 3rd District (Austin)2001

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

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