Court of Criminal Appeals of Texas

Thomas Paul Tucker, Appellant v. the State of Texas

June 20, 20122012 Tex. Crim. App. LEXIS 810

Summary

The Court of Criminal Appeals of Texas reversed the Fourth Court of Appeals and remanded the case, holding that the appellate court erred by upholding the trial court’s implicit finding of voluntary consent without evaluating all the evidence, including the videotape, and therefore must apply the totality‑of‑circumstances test to determine voluntariness. The decision also clarifies the appropriate standard of review for factual findings based on video evidence.