Gary Lyn Black, Appellant v. the State of Texas

Summary

The Court of Criminal Appeals affirmed the trial court’s discretion to reopen a pre‑trial motion to suppress after trial began and to consider additional testimony, including the judge’s own account, thereby upholding the validity of the arrest warrant under Article 45.103. The Court held that the trial court’s authority to revisit suppression hearings is consistent with Montalvo and that appellate review may consider such supplemental evidence when the issue is relitigated. The dissent argued that the warrants were defective and that reopening the hearing without the appellant’s consent violated Radial and Hardesty. Justice MEYERS, dissenting, would have reversed and remanded for a new trial.