Court of Criminal Appeals of Texas

The State of Texas, Appellant v. Matthew Medrano, Appellee

February 6, 20022002 Tex. Crim. App. LEXIS 23

Summary

The Texas Court of Criminal Appeals overruled State v. Roberts and held that Article 44.01(a)(5) permits the State to appeal any adverse pre‑trial ruling that suppresses evidence, regardless of whether the evidence was "illegally obtained." Accordingly, the Court vacated the Court of Appeals' dismissal and remanded for the merits. Justice WOMACK dissented, arguing the majority improperly expands the statute, and Justice JOHNSON concurred only in the remand.