Court of Criminal Appeals of Texas

Raymond Dean Lackey, Appellant v. the State of Texas

March 7, 20122012 Tex. Crim. App. LEXIS 476

Summary

The Court affirmed the Court of Appeals' reversal, holding that the appellant timely preserved his claim that the municipal‑court judge who presided over his suppression hearing was unqualified, so the conviction was reversed and the case remanded for a new hearing. Justice Hervey dissented, arguing the appellant failed to preserve error, and Justice Keller concurred, emphasizing the lack of notice and rejecting the majority's policy balancing.