Ivan Knox Love, Appellant v. the State of Texas, Appellee

Summary

The Court of Criminal Appeals of Texas reversed the Court of Appeals' judgment and remanded for further proceedings. It held that the trial court did not err in precluding cross‑examination of Officer Howard because the defense failed to preserve the issue, but it abused its discretion by refusing to recall the intoxilyzer supervisor, Blalock, for additional cross‑examination, and the error was not harmless. The Court also affirmed that the trial court correctly denied appellant’s attempt to call Blalock as a defense witness because the request was untimely. Justice Clinton, dissenting, argues that the majority fails to resolve the second ground and should have performed the required harm analysis.