Charles David Dubose, Appellant v. the State of Texas, Appellee

Summary

The Court of Criminal Appeals of Texas vacated the Court of Appeals' decision that appellant had not voluntarily consented to the shoe search and remanded for further analysis, holding that the appellate court must defer to the trial court's consent determination and review it for abuse of discretion. Justice Baird dissented, arguing the majority improperly substituted its judgment for that of the Court of Appeals.