Court of Criminal Appeals of Texas

The State of Texas, Appellee v. Danny Joe Daugherty, Appellant

June 26, 19961996 Tex. Crim. App. LEXIS 88

Summary

The Court held that Texas Code of Criminal Procedure Article 38.23(a) does not incorporate the federal inevitable discovery doctrine; evidence obtained in violation of the Constitution must be excluded regardless of any hypothetical later lawful discovery. The Court also affirmed that an appellate court must sua sponte conduct a Rule 81(b)(2) harm analysis, vacated the Court of Appeals judgment and remanded for that analysis. Justice Mansfield dissented, and Judges McCormick and Baird filed separate opinions.