Forsyth v. State, No-11-12-00198-CR; Post- Missouri v. McNeely Decision regarding Warrantless Blood Draws

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The Texas “Mandatory Blood Draw” Scheme is not an exception to the Fourth Amendment warrant requirement decides the Eastland Court of Appeals, following similar decisions by San Antonio, Texarkana, the Houston Fourteenth, Amarillo, and Corpus Christi.  The only court that … Continued

Kay v. State, 01-13-00595-CR, from First Court of Appeals in Houston, Post-McNeely Warrantless Blood Draw

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Warrantless Blood Draw Upheld in Houston First Court of Appeals.  The First Court of Appeals upheld the denial of a motion to suppress blood under McNeely.  In its decision, the Court noted that the defendant had not challenged the constitutionality … Continued

Ex Parte Smith; WR-78,760-01

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Misdemeanor theft may not be enhanced to third degree felony theft with only theft convictions.  An enhancement of a misdemeanor theft, enhanced to a state jail under Texas Penal Code 31.03, may not be enhanced to a third degree felony … Continued

Guerra v. State, No PD 0318-13

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Federal immigration “special agents” have authority in Texas to stop or arrest. _________________________________________________________________________________ IN THE COURT OF CRIMINAL APPEALS OF TEXAS NO. PD-0318-13 JUAN JOSE GUERRA, Appellant v. THE STATE OF TEXAS ON APPELLANT’S PETITION FOR DISCRETIONARY REVIEW FROM THE ELEVENTH … Continued

Dobbs v. State, NO. PD-0259-13

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Merely exhibiting a firearm is not use of force against an officer for purposes of resisting arrest. Opinion: ________________________________________________________________________ IN THE COURT OF CRIMINAL APPEALS OF TEXAS NO. PD-0259-13 ATHA ALBERT DOBBS, Appellant v. THE STATE OF TEXAS ON APPELLANT’S PETITION FOR … Continued

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