The State of Texas, Appellant v. Gabino Puente Ibarra, Appellee

Summary

The Texas Court of Criminal Appeals affirmed that, under the Texas Constitution, the State must prove the voluntariness of a consent to search by clear and convincing evidence. The Court rejected the State's argument that the federal preponderance of the evidence standard should apply, emphasizing Texas precedent and policy considerations. Justice McCormick and Justice Mansfield filed dissenting opinions, each contesting the majority's approach to the burden of proof.