Davy v. State

The issue Davy wants us to address in this case is how we review the jury’s determination of the admissibility of evidence when an Article 38.23 instruction to disregard illegally obtained evidence has been given. Davy’s issue is worded as follows:

The jury erred when it found beyond a reasonable doubt under the totality of the circumstances that the state had proved reasonable suspicion to detain appellant for a traffic violation and failed to acquit him.

Davy contends that the standard of review of a suppression issue decided by a jury is an issue of first impression. Davy relies on Johnson,…