Heriberto Garcia, Appellant v. the State of Texas

Summary

The Texas Court of Criminal Appeals reversed the Court of Appeals and remanded for a new suppression hearing, holding that a second trial judge may not make findings of fact on a confession based solely on the transcript of a prior hearing when no written findings of fact and conclusions of law based on live testimony exist. The dissent argued that the error was waived and that the second judge could rely on the prior hearing.