Legal Opinion

Stewart v. State

Texas Court of Appeals, 3rd District (Austin)

Decided August 10, 2000No. 03-00-00121-CRPublishedCited by 81 opinions

1Opinion of the Court

J. WOODFIN JONES, Justice.

After his motion to suppress evidence was overruled, appellant Elvis Edward Stewart, Jr., pleaded guilty to driving while intoxicated. See Tex. Penal Code Ann. § 49.04 (West Supp.2000). The court adjudged him guilty and, pursuant to a plea bargain, assessed punishment at incarceration for three days and a $500 fine. The only issue on appeal is whether the stop that resulted in appellant’s arrest was lawful. We conclude that it was not and will reverse the judgment of conviction.

Harker Heights police officer David Haley testified that he was dispatched to a…

2Cases cited9 opinions

  1. Terry v. OhioSupreme Court of the United States · 1968
  2. Alabama v. WhiteSupreme Court of the United States · 1990
  3. Florida v. JLSupreme Court of the United States · 2000
  4. Davis v. StateCourt of Criminal Appeals of Texas · 1997
  5. Woods v. StateCourt of Criminal Appeals of Texas · 1997

4 more not listed; retrieve them via the Exa API.

3Cited by81 opinions

  1. Brother v. StateCourt of Criminal Appeals of Texas · 2005
  2. United States v. Wade Allen WheatCourt of Appeals for the Eighth Circuit · 2001
  3. State v. Fudge, Texas Court of Appeals, 3rd District (Austin)2001
  4. People v. WellsCalifornia Supreme Court · 2006
  5. State v. Griffey, Texas Court of Appeals, 3rd District (Austin)2007

76 more not listed; retrieve them via the Exa API.

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