Legal Opinion
Pena v. State
Texas Court of Appeals, 10th District (Waco)
Decided April 27, 2005No. 10-03-00109-CRPublishedCited by 54 opinions
1Opinion of the Court
OPINION
FELIPE REYNA, Justice.
Jose Pena was charged with possession of marihuana. Before trial, Pena requested an independent analysis of the evidence. Thereafter, it was discovered that the alleged marihuana had been destroyed and all records documenting the testing of the evidence were lost excepting a lab report. The trial court denied Pena’s motion to suppress the lab report, and Pena was convicted.
Because we conclude that the due course clause of the Texas Constitution provides a greater level of protection with respect to lost or destroyed evidence than does the United States…
2Cases cited30 opinions
- Brady v. MarylandSupreme Court of the United States · 1963
- California v. TrombettaSupreme Court of the United States · 1984
- Arizona v. YoungbloodSupreme Court of the United States · 1989
- City of Mesquite v. Aladdin's Castle, Inc.Supreme Court of the United States · 1982
- University of Texas Medical School at Houston v. ThanTexas Supreme Court · 1995
25 more not listed; retrieve them via the Exa API.
3Cited by54 opinions
- Pena v. StateCourt of Criminal Appeals of Texas · 2009
- Pena, Jose LuisCourt of Criminal Appeals of Texas · 2011
- Pena v. StateCourt of Criminal Appeals of Texas · 2006
- State v. Vasquez, Texas Court of Appeals, 14th District (Houston)2007
- Commonwealth v. SnyderSupreme Court of Pennsylvania · 2009
49 more not listed; retrieve them via the Exa API.