Court of Criminal Appeals of Texas

Kenneth Lee Douds, Appellant v. the State of Texas

October 14, 20152015 Tex. Crim. App. LEXIS 1060

Summary

The Court held that the appellant failed to preserve a Fourth Amendment claim challenging the warrantless blood draw, so the conviction is affirmed. The dissent argued the State, not the appellant, bore the burden to show reasonableness of the warrantless draw and would have affirmed the Court of Appeals judgment reversing the conviction.