Court of Criminal Appeals of Texas

Oscar Emilio Arcila, Appellant v. the State of Texas, Appellee

June 24, 19921992 Tex. Crim. App. LEXIS 160

Summary

The Court of Criminal Appeals of Texas denied Oscar Emilio Arcila's petition for discretionary review, affirming the lower appellate court's judgment that the evidence obtained from the warrantless search was admissible because the consent was found to be voluntary. The majority held that a separate attenuation analysis was unnecessary since Arcila did not raise that issue on appeal, and it emphasized deference to the factual findings of the lower courts. Two dissenting opinions and one concurring opinion were filed, each contesting the majority's approach to attenuation and the scope of appellate review.