Legal Opinion
State v. Johnston
Court of Criminal Appeals of Texas
Decided March 16, 2011No. PD-1736-09PublishedCited by 139 opinions
1Opinion of the Court 1
OPINION
2Opinion of the Court · KeaslerKeasler, J.
in which KELLER, P.J., MEYERS, WOMACK, HERVEY, and COCHRAN, JJ., join.
The court of appeals held that the unrecorded compelled draw of Christi Lynn Johnston’s blood by a poiice officer, who was also a seasoned EMS provider, in the police station’s blood-draw room while Johnston was restrained violated the Fourth Amendment’s reasonable manner requirement.1 Under the facts here, which demonstrate that the test chosen was reasonable and that it was performed in a reasonable manner, we disagree. We reverse the court of appeals’s judgment and remand this case to the trial court.
I. Background
O…
3Cases cited33 opinions
- Graham v. ConnorSupreme Court of the United States · 1989
- Schmerber v. CaliforniaSupreme Court of the United States · 1966
- Guzman v. StateCourt of Criminal Appeals of Texas · 1997
- Hudson v. MichiganSupreme Court of the United States · 2006
- Kothe v. StateCourt of Criminal Appeals of Texas · 2004
28 more not listed; retrieve them via the Exa API.
4Cited by139 opinions
- Kenneth Lee Douds v. State, Texas Court of Appeals, 14th District (Houston)2014
- People v. HarrisCalifornia Court of Appeal · 2015
- State v. David Villarreal, Texas Court of Appeals, 13th District2014
- State v. Mosely, Texas Court of Appeals, 3rd District (Austin)2011
- Phillip Brandon Adkins v. State, Texas Court of Appeals, 14th District (Houston)2013
134 more not listed; retrieve them via the Exa API.