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

Summary

The Court of Criminal Appeals held that the Court of Appeals abused its discretion by failing to defer to the trial court’s determination that appellant voluntarily consented to the entire search, including the shoe search, and therefore vacated the appellate judgment and remanded for further proceedings. Justice Baird dissented, arguing the majority improperly substituted its own judgment for that of the Court of Appeals.