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 of the appellant's DWI conviction, holding that his failure to object to the municipal‑court judge's qualifications at the suppression hearing did not forfeit his claim because he timely raised the issue in a motion to set aside the orders. The majority declined to address whether the orders were void or voidable, finding the preservation question dispositive.