Court of Criminal Appeals of Texas

George Deshawn Woods, Appellant v. the State of Texas

January 12, 20052005 Tex. Crim. App. LEXIS 2

Summary

The Court reversed the Court of Appeals and affirmed the trial court’s denial of a motion to suppress, holding that a pre‑trial motion to suppress cannot be used to litigate the sufficiency of evidence for an element of the offense of evading arrest. The Court reasoned that no constitutional or statutory authority permits a defendant to raise such an issue before trial.