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 held that in a motion to suppress under Article 38.23, the defendant bears the initial burden and the State’s burden only arises after the defendant produces evidence of a statutory violation; therefore the trial court erred and the judgment was reversed and remanded. Justice PRICE dissented, arguing the State should bear the burden at the suppression hearing, and Justice MEYERS dissented, urging remand to consider the applicability of Article 38.23.