Legal Opinion

State v. Huddleston

Texas Court of Appeals, 3rd District (Austin)

Decided May 5, 2005No. 03-03-00522-CRPublishedCited by 54 opinions

1Opinion of the Court

OPINION

BEA ANN SMITH, Justice.

Our previous opinion and judgment issued on October 28, 2004 in this cause are withdrawn.

Following her arrest for driving while intoxicated, appellee Brenda Huddleston filed a motion to suppress evidence. The trial court granted Huddleston’s motion and attached a finding of “not guilty” to its written order. The State appeals this order. See Tex.Code Crim. Proc. Ann. art. 44.01(a)(5) (West Supp.2004). We will modify the trial court’s order to delete the not guilty finding and affirm it as modified.

Background

The only witness at the suppression hearing was Milam…

2Cases cited9 opinions

  1. Berkemer v. McCartySupreme Court of the United States · 1984
  2. Carmouche v. StateCourt of Criminal Appeals of Texas · 2000
  3. Woods v. StateCourt of Criminal Appeals of Texas · 1997
  4. Hernandez v. State, Texas Court of Appeals, 3rd District (Austin)1998
  5. Hailey v. StateCourt of Criminal Appeals of Texas · 2002

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

3Cited by54 opinions

  1. Fowler v. StateCourt of Appeals of Texas · 2008
  2. Leming v. StateCourt of Criminal Appeals of Texas · 2016
  3. State of Tennessee v. Linzey Danielle SmithTennessee Supreme Court · 2016
  4. State v. Nelson, Texas Court of Appeals, 3rd District (Austin)2007
  5. Scardino v. State, Texas Court of Appeals, 13th District2009

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

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