Court of Criminal Appeals of Texas
The State of Texas, Appellant v. Sharon Klima, Appellee
October 2, 19961996 Tex. Crim. App. LEXIS 198
Summary
The Texas Court of Criminal Appeals reversed the Court of Appeals and held that the State may raise the issue of standing for the first time on appeal even though it was not raised in the trial court, and remanded for further proceedings. The court reasoned that standing is an element of the Fourth Amendment claim that the State can contest on appeal without procedural default.