Court of Criminal Appeals of Texas

Gary Lyn Black, Appellant v. the State of Texas

February 15, 20122012 Tex. Crim. App. LEXIS 357

Summary

The Court of Criminal Appeals affirmed the lower courts, holding that a trial court has the discretionary authority to reopen a pre‑trial motion to suppress hearing during trial, even outside the jury’s presence, and may consider additional evidence such as a judge’s testimony to establish probable cause under Article 45.103; the arrest warrants were deemed valid. Justice Meyers dissented, arguing the warrants were defective and the reopening violated Rachal.