Heriberto Garcia, Appellant v. the State of Texas

Summary

The Court reversed the Court of Appeals and remanded for a new suppression hearing because the trial court failed to enter written findings of fact based on a direct evaluation of witness credibility, and therefore the confession should be suppressed pending a proper hearing. The majority held that a second judge could not rely solely on the cold record to determine voluntariness. Justice Keasler, dissenting, argued that the error was waived and that a second judge may make such findings, and would have affirmed the Court of Appeals.