Wesley Ray Creager, Appellant v. the State of Texas, Appellee

Summary

The Court of Criminal Appeals vacated the conviction and remanded for further proceedings, holding that the confession was not inadmissible per se because the per‑se rule applies only to misstatements of the statutory warning given before interrogation, not to remarks made during interrogation; the voluntariness of the confession must be decided under the totality‑of‑the‑circumstances test. Justice OVERSTREET dissented, arguing the per‑se rule should apply to the interrogator’s remarks, while Justice MEYERS concurred in the result but emphasized a narrower analysis of promises versus fear.