Legal Opinion
Manzi v. State
Court of Criminal Appeals of Texas
Decided October 23, 2002No. 2116-01PublishedCited by 194 opinions
1Opinion of the Court 1
OPINION
2Opinion of the Court · KellerKeller, P.J.
WOMACK, JOHNSON, KEASLER, HERVEY, HOLCOMB and COCHRAN, JJ., joined.
The question presented is whether a deferential or a de novo review applies to a trial court’s determination of historical facts when that determination is based solely upon affidavits. We hold that a deferential review applies in that situation.
A. Background
Appellant was charged with possession of methamphetamine with intent to deliver. He filed a motion to suppress, and as authorized by Texas Code of Criminal Procedure, Article 28.01, § 1(6), 1 the trial court resolved the motion solely on the basis of opposing…
3Cases cited38 opinions
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- United States v. United States Gypsum Co.Supreme Court of the United States · 1948
- Wainwright v. SykesSupreme Court of the United States · 1977
- Guzman v. StateCourt of Criminal Appeals of Texas · 1997
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4Cited by194 opinions
- Amador v. StateCourt of Criminal Appeals of Texas · 2007
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- Charles v. StateCourt of Criminal Appeals of Texas · 2004
- Ex Parte LewisCourt of Criminal Appeals of Texas · 2007
- Ex Parte WheelerCourt of Criminal Appeals of Texas · 2006
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