Court of Criminal Appeals of Texas

Sean McKenna, Appellant v. the State of Texas, Appellee

November 29, 19891989 Tex. Crim. App. LEXIS 211

Summary

The Court of Criminal Appeals of Texas reversed the Corpus Christi Court of Appeals and remanded for review of the merits of appellant's motion to suppress his confession, holding that when suppressed evidence was used to obtain a guilty plea, the appellate court must consider the pre‑trial motion despite the presence of independent evidence, thereby overruling Johnson. Justice Berchelmann dissented, maintaining that Johnson’s rule should control and that Kraft does not apply to felony pleas.