Opinion

McCambridge v. State

  • 778 S.W.2d 70
  • 1989 WL 104638
Court
Court of Criminal Appeals of Texas
Filed
Sep 13, 1989
Status
Published
Author
Clinton
On the bench
Duncan, Clinton, Teague
Cited by
71 cases

holding the chemical breath test procedure “is not a ‘critical stage’ of the criminal process which necessitates either the prior consultation [with] or presence of counsel under the right-to-counsel provision of Article I, § 10 of the Texas Constitution”, (quoting Forte v. State, 759 S.W.2d 128, 139 (Tex.Crim.App.1988) (en banc))

How later courts described this case

  • holding the chemical breath test procedure “is not a ‘critical stage’ of the criminal process which necessitates either the prior consultation [with] or presence of counsel under the right-to-counsel provision of Article I, § 10 of the Texas Constitution”, (quoting Forte v. State, 759 S.W.2d 128, 139 (Tex.Crim.App.1988) (en banc))
  • holding that Supreme Court Fifth Amendment "bright line” rules regarding right to counsel for custodial interrogations applies to Texas constitutional analysis as well
  • internal for a mandatory blood draw were [ ] met. Appellant quotations omitted
  • purpose of Edwards to establish rule immune from vagaries that invariably accompany diverse factual encounters

Written by the judges who cited it.

The opinion

CLINTON, J.,

disagreeing that “consistency” demands a “critical stage analysis” to assistance of counsel under due process and due course of law, respectfully dissents.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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