Meekins v. State

MEYERS, J.,

filed a dissenting opinion in which PRICE, J., joined.

I know that the standard in this case is clear and convincing, but I certainly do not know what is clear and convincing about appellant’s alleged consent. Although the majority gives lip service to the applicable rule, the majority misapplies it because these facts are anything but clear and convincing.

The State has the burden of proving by clear and convincing evidence that the al*468leged consent is voluntary and free or, in other words, positive, unequivocal, and without coercion. State v. Ibarra, 953 S.W.2d 242, 245…