Court of Criminal Appeals of Texas
The State of Texas v. Paul David Robinson, Appellee
March 16, 20112011 Tex. Crim. App. LEXIS 391
Summary
The Court reversed and remanded, holding that in a motion to suppress under Article 38.23 the defendant bears the initial burden of proof and the State’s burden shifts only when the defendant produces evidence of a statutory violation; because Robinson offered no such evidence, the State was not required to prove the blood draw was performed by a qualified person. Justice PRICE dissented, arguing the State should bear that burden at trial, and Justice MEYERS dissented, urging a remand to consider the applicability of Article 38.23.