# Black v. State

> Court of Criminal Appeals of Texas · July 1, 1987 · 739 S.W.2d 240

URL: https://www.frixlaw.com/law-library/cases/9779024

## Case

- **Full name:** Elvis BLACK, Appellant, v. the STATE of Texas, Appellee
- **Court:** Court of Criminal Appeals of Texas
- **Decided:** July 1, 1987
- **Citations:** 739 S.W.2d 240; 1987 Tex. Crim. App. LEXIS 619
- **Precedential status:** Published
- **Opinion:** Dissent by McCORMICK
- **Judges:** Miller, McCormick, Onion, White, Davis, Teague
- **Cited by:** 40 later opinions in the Frix Law Library

## Citator (automated)

- **Red flag:** Overruled in part by Gordon v. State, 1990 Tex. Crim. App. LEXIS 203 (1990).
- Negative treatments: 1
- Distinguished by: 0
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9779024

## Opinion text

McCORMICK, Judge,
dissenting.
Because I cannot agree that the stop of appellant was based on a mere pretext, I must register my dissent. Under the facts presented here, the officers had more than ample grounds to arrest the appellant for numerous traffic violations committed in their presence.
The majority today requires police officers to close their eyes to illegal conduct and not arrest a defendant if there exists *246 probable cause to arrest for another offense for which an arrest warrant is required. To arrive at a solution to their perceived problem, the majority casually overrules Bain v. State, 677 S.W.2d 51 (Tex.Cr.App.1984), and Dodson v. State, 646 S.W.2d 177 (Tex.Cr.App.1980), simply on the mere pretext that the instant arrest was illegal.
This Court should not ride roughshod over the statutes of this State nor in such a helter-skelter manner flippantly overrule established precedent which stands in the path of an objective.
The majority has today given new meaning to the term “independent judiciary.”
I dissent.
W.C. DAVIS, J., joins in this dissent.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9779024. Public record. Not legal advice.