Lackey v. State

I dissent to the majority’s disposition of appellant’s fourth ground of error, which challenges the validity of Carroll Johnson’s consent to search appellant’s house and pickup truck. It is conceded that the search was conducted without the authority of a search warrant. The burden was therefore on the State to establish the existence of an exception to the warrant requirement. The record does not show that the State met that burden.

The majority opinion, in an effort to avoid the conclusion that reversible error occurred, pursues no less than five different theories: (1) it is impossible to…