Legal Opinion · Dissent

Edwards v. State

Texas Court of Appeals, 5th District (Dallas)

Decided October 16, 1991No. 05-89-00946-CRPublished

1DissentBaker, Justice

I respectfully dissent. Officer Budjens-ka’s informant described identical twins, dressed exactly alike except for different colored sneakers.

Q. [PROSECUTOR] What physical description did you have?

A. [OFFICER WAFER] We were given a physical description from the search warrant at the time before we made the execution of the warrant. Thing stuck in my mind was the twins.

The uniqueness of the description permeates the case. It sticks in everybody’s mind. It silently but impermissibly validates the majority’s sufficiency analysis.

This case presents three complex probity questions. The majority…

2Cases cited53 opinions

  1. Rhode Island v. InnisSupreme Court of the United States · 1980
  2. Burks v. United StatesSupreme Court of the United States · 1978
  3. United States v. BallSupreme Court of the United States · 1896
  4. Greene v. MasseySupreme Court of the United States · 1978
  5. Lockhart v. NelsonSupreme Court of the United States · 1988

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