Legal Opinion
State v. Robinson
Court of Criminal Appeals of Texas
Decided March 16, 2011No. PD-1206-10PublishedCited by 97 opinions
1Opinion of the CourtKeller, P.J.
in which WOMACK, KEASLER, HERVEY and COCHRAN, JJ., joined.
The issue in this case is the allocation of the burden of proof in a motion to suppress under Texas Code of Criminal Procedure Article 38.23. We hold that the defendant has the initial burden, which shifts to the State only when the. defendant has produced evidence of a statutory violation. We shall reverse the judgment of the court of appeals.
Background
Paul Robinson was arrested without a warrant for driving while intoxicated. He was transported to a hospital, where he consented to have his blood drawn. Analysis showed his blood…
2Cases cited3 opinions
- State v. KellyCourt of Criminal Appeals of Texas · 2006
- Amador v. StateCourt of Criminal Appeals of Texas · 2009
- Pham v. StateCourt of Criminal Appeals of Texas · 2005
3Cited by97 opinions
- Kenneth Lee Douds v. State, Texas Court of Appeals, 14th District (Houston)2014
- Ruiz, Lauro EduardoCourt of Criminal Appeals of Texas · 2019
- State v. David Villarreal, Texas Court of Appeals, 13th District2014
- Steven Cole v. State, Texas Court of Appeals, 6th District (Texarkana)2014
- White, Brian JasonCourt of Criminal Appeals of Texas · 2018
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