# Higbie v. State

> Court of Criminal Appeals of Texas · October 11, 1989 · 780 S.W.2d 228

URL: https://www.frixlaw.com/law-library/cases/9768848

## Case

- **Full name:** David Edward HIGBIE, Appellant, v. the STATE of Texas, Appellee
- **Court:** Court of Criminal Appeals of Texas
- **Decided:** October 11, 1989
- **Citations:** 780 S.W.2d 228; 1989 Tex. Crim. App. LEXIS 182; 1989 WL 118822
- **Precedential status:** Published
- **Opinion:** Concurrence by Campbell
- **Judges:** Campbell, Miller, Davis, White, Berchelmann, McCormick
- **Cited by:** 34 later opinions in the Frix Law Library

## Citator (automated)

- **Red flag:** Overruled on other grounds by King v. State, 800 S.W.2d 528 (1990).
- Negative treatments: 1
- Distinguished by: 0
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9768848

## Opinion text

CAMPBELL, Judge,
concurring.
Believing that the only issue presented in this case is whether the roadblock in this case [my emphasis] is constitutional, I concur in the result reached by the majority. I cannot countenance deciding an issue that is not before this court, i.e., whether DWI roadblocks are unconstitutional per se under the Fourth Amendment to the U.S. Constitution. The issue in this case is indistinguishable from that presented in Webb v. State, 739 S.W.2d 802 (Tex.Cr.App.1987), and should not be decided in any broader context.
WHITE and BERCHELMANN, JJ., join.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9768848. Public record. Not legal advice.