Court of Criminal Appeals of Texas

Benjamin Herbert Boyle Aka Mr. Whipple, Appellant v. the State of Texas, Appellee

May 15, 1991820 S.W.2d 122

Summary

The Court reversed Benjamin Herbert Boyle's capital murder conviction, holding that his arrest on a material‑witness attachment was illegal and a pretext lacking probable cause, that the consent to search his truck was not sufficiently attenuated from the unlawful arrest, and that the State failed to show the evidence would have been inevitably discovered or that the error was harmless; the Court also affirmed the sufficiency of the remaining evidence to support the conviction and the special issue on continuing threat, and remanded for a new trial.