Kenneth Lee Douds, Appellant v. the State of Texas

Summary

The Court of Criminal Appeals of Texas reversed the Court of Appeals and affirmed Kenneth Lee Douds' conviction because he failed to preserve a Fourth Amendment claim that his warrantless blood draw was unconstitutional. The majority held that his isolated statements did not put the trial court on notice of a constitutional issue, so the conviction stands. Justice Meyers dissented, arguing that the Fourth Amendment claim was preserved and that the State bears the burden of showing reasonableness of the warrantless draw. The dissent would have affirmed the Court of Appeals' decision reversing the conviction.