Billy Holmes, Appellant v. the State of Texas

Summary

The Texas Court of Criminal Appeals affirmed the Court of Appeals' decision that a defendant who expressly states "No objection" to evidence does not waive his right to a Article 38.23 jury instruction when a contested factual issue regarding the legality of the seizure exists. The Court clarified that the waiver of an objection to admissibility is separate from the right to a jury instruction on disputed facts.