Legal Opinion · Concurrence

Akins v. State

Court of Appeals of Texas

Decided August 31, 2006No. 2-05-263-CRPublished

1ConcurrenceTerrie Livingston, Justice

I respectfully concur to the majority opinion. I write separately only to disagree with the majority opinion’s analysis on the timing of appellant’s arrest. As the majority notes above, in its brief, the State conceded that appellant was arrested without a warrant. However, unlike the majority, I do not read the State’s brief to concede that appellant was arrested as soon as the officers approached him and placed him on the ground at the gas station. I believe that the State conceded that appellant was arrested, but did not concede the timing of appellant’s arrest (when the officers initially…

2Cases cited14 opinions

  1. State v. RossCourt of Criminal Appeals of Texas · 2000
  2. Carmouche v. StateCourt of Criminal Appeals of Texas · 2000
  3. Romero v. StateCourt of Criminal Appeals of Texas · 1990
  4. Armendariz v. StateCourt of Criminal Appeals of Texas · 2003
  5. Burkes v. StateCourt of Criminal Appeals of Texas · 1991

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