Court of Criminal Appeals of Texas

Ricky Hernandez, Appellant v. the State of Texas

November 14, 20012001 Tex. Crim. App. LEXIS 104

Summary

The Texas Court of Criminal Appeals held that the admission of evidence obtained from an unlawful traffic stop constitutes constitutional error requiring the Chapman harmless‑error analysis under Rule 44.2(a). Accordingly, the Court reversed the Court of Appeals' judgment and remanded for a constitutional‑error harm analysis. A dissenting opinion noted agreement with the Chapman standard but questioned whether the exclusionary rule applies at the sentencing stage.