# Gordon v. State

> Court of Criminal Appeals of Texas · December 12, 1990 · 801 S.W.2d 899

URL: https://www.frixlaw.com/law-library/cases/9662824

## Case

- **Full name:** Brent Thomas GORDON, Appellant, v. the STATE of Texas, Appellee
- **Court:** Court of Criminal Appeals of Texas
- **Decided:** December 12, 1990
- **Citations:** 801 S.W.2d 899; 1990 Tex. Crim. App. LEXIS 203; 1990 WL 199137
- **Precedential status:** Published
- **Opinion:** Concurrence by Baird
- **Judges:** Davis, Clinton, Teague, Campbell, Miller, Baird, Sturns
- **Cited by:** 108 later opinions in the Frix Law Library

## Citator (automated)

- **Red flag:** Overruled on other grounds by Heitman v. State, 1991 Tex. Crim. App. LEXIS 160 (1991).
- Negative treatments: 1
- Distinguished by: 0
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9662824

## How later opinions describe it (automated extraction)

- concluding that the affidavit “lacks the necessary indicia of reliability demonstrated by facts showing probable cause for the magistrate to have made a proper evaluation of the allegations before issuing the warrant”
- noting distinction between complaint used to support warrant and complaint' used as charging instrument

## Opinion text

BAIRD, Judge,
concurring.
With all due respect to Judge Davis and his thorough and well written opinion, I can only concur in the remand of this cause to the Court of Appeals for further review under Brown v. Illinois, 422 U.S. 590 , 95 S.Ct. 2254 , 45 L.Ed.2d 416 (1975).
I find Part I. of the foregoing opinion wholly unnecessary to reach this result. In my opinion, there is no reason for this Court, in this cause, to discuss the propriety of the “pretext arrest” doctrine. I find that portion of the opinion to be only dicta, adding nothing to the jurisprudence of this state. However, I find Part II. to be a correct statement of the law and all that is necessary for this Court to remand this cause.
Accordingly, I concur in the result.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9662824. Public record. Not legal advice.