recovery of a bullet fired from the murder weapon
How later courts described this case
- recovery of a bullet fired from the murder weapon
Written by the judges who cited it.
Later courts went against this
Overruled in part by Gordon v. State, 1990 Tex. Crim. App. LEXIS 203 (1990)
That this dictum became authority for a subsequent line of federal circuit and state cases, including this Court’s decision in Black, which were factually distinguishable from Lefkowitz, may be explained by reliance on the Fifth Circuit decision in Amador-Gonzalez, which appeared to expand the “pretext doctrine” to a stop for traffic violations and subsequent search for suspected drugs.
The opinion
ONION, Presiding Judge,
concurring and dissening.
I agree that appellant’s oral confession was made after he was illegally arrested under the circumstances of this case. I dissent, however, to the overruling of 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). I would distinguish those cases. I further dissent, however, to the remand to the Court of Appeals. We should apply Brown v. Illinois, 422 U.S. 590 , 95 S.Ct. 2254 , 45 L.Ed.2d 416 (1975); Self v. State, 709 S.W.2d 662 (Tex.Cr.App. 1986); Bell v. State, 724 S.W.2d 780 (Tex. Cr.App.1986), in this Court. What the majority does is not judicial economy. Once the Court of Appeals disposes of this piecemeal matter, it undoubtedly will be back before this Court. Such rotation of cases between courts does not add up to judicial common sense or contribute to the finality of judgments in criminal cases.
TEAGUE, J., joins this opinion.