# 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/9779025

## 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:** Concurring in part by Onion
- **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/9779025

## Opinion text

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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9779025. Public record. Not legal advice.