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texas judge court of criminal appeals place 5

Unlike Abbott, West will not continue with AOC Green energy policies that endanger our power grid. Id. 12. JoAnn Fleming, Executive Director: Grassroots America confidently and strongly endorses Mark Ramsey for US Rep. TX Congressional District 38. hb```f``Z P ,@Q@g .00Dt4 XJ40H40AJI#20ob@, 1eg:k@GLZ,%vKT`0``b[W- R4 v. the state of texas . With a strong record of supporting private property rights, fighting burdensome taxes and job-killing regulations, and a proven record in promoting and protecting the vital role energy production plays in our Texas economy, JoAnn Fleming, Executive Director, Board of Directors: We strongly endorse 5th District Court of Appeals, JoAnn Fleming, Executive Director, Board of Directors: We strongly endorse. Long recognized as one of the most conservative members of Congress, Louie has strongly represented TX Congressional District 1 in DC since 2005. He is particularly an outspoken proponent of eliminating property taxes and exhibits a deep knowledge on a wide array of legislative and public policy issues. 88 0 obj John Browning defeated Tom Nowak and Dan Wyde in the Republican primary for Texas Fifth District Court of Appeals Place 11 on March 6, 2018. The reputation of the GLO has been severely tarnished in recent years. Pen.Code Ann. I know of no authority which places the onus on the defendant to object to jury charge error that benefits him by outlining the elements for a lesser offense. JoAnn Fleming, Executive Director, Board of Directors: We are proud to endorse practical, commonsense conservative John Moore for Smith County Commissioner Precinct 2. To hold otherwise discourages the State from being vigilant. We know Rachel Hale will never fold nor retreat from battling the corrupt Austin political swamp and the socialist wolves among us. In this case, a jury convicted Appellant of a felony DWI on the basis of a deficient jury charge. padding-bottom: 7px; } Executive Director JoAnn Fleming: Because of his team-building abilities, character, and reputation,Marty Reidhas earned our endorsement for Kaufman County Republican Party Chairman. .inner_percentage.CrossFiled { He will not legislate from the bench! Prior to taking the bench, his law practice consisted of criminal .image-candidate-thumbnail-wrapper .image-candidate-thumbnail { He used his legal and medical expertise to build companies in Texas, including a biomedical plant to create jobs and secure our future from China and other foreign suppliers. Per Curiam:* Donald Foster, Texas prisoner # 1038609, filed a 42 U.S.C. Among his many military awards, he received the Soldiers Medal for rescuing two pilots from a burning helicopter crash. 17. padding-top: 3px; We confidently and strongly endorse Keith Self for Congress to replace incumbent Van Taylor as the US Representative for TX Congressional District 3. WebFourteenth. Jim Pikl defeated William Johnson in the Republican primary runoff for Texas Fifth District Court of Appeals Place 12 on May 22, 2018. font-size: 1.25em; Abbott signed SB 1 into law, reducing voter fraud from a 2nd Degree Felony to a Class A Misdemeanor, we believe that any real investigation and prosecution of election fraud is highly doubtful. IN THE COURT OF CRIMINAL APPEALS OF TEXAS At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. } padding-bottom: 0px; JAMES CALVIN MASSEY, Appellant v. THE STATE OF TEXAS. Texas is in a crisis of crime. Tough times call for hard as nails principled leaders. } And should a TX Governor move to enact unconstitutional executive powers shutting down small businesses, churches, and schools and separating families from loved ones in nursing homes you can count on Louie Gohmert to go to that Governor with a warning to stop. His tenure as a cost-cutting, tax-reducing Collin County Judge was remarkable. Appellant correctly states that, when conducting a harm analysis under Almanza, the reviewing court considers the following four factors: (2)The state of the evidence, including contested issues and the weight of the probative evidence; (4)Any other relevant information revealed by the record of the trial as a whole.24. JAMES CALVIN MASSEY, Appellant v. THE STATE OF TEXAS. First, the charge is deficient, but it is not deficient in any way that would prejudice appellant's rights. @media screen and (max-width: 350px) { Wayne Allen is a 28-year veteran of the Tyler Police Department and was a member of the US Secret Service Financial Crimes Task Force. 972-548-3850 (McKinney) 972-424-1460 ext. The two Republicans will face each other in the March 1, 2022 Primary, with Election Day on November 8, 2022. background-color: #db0000; margin-bottom: .75em; 10)Any error in failing to include, in the jury charge, some reference to the jurisdictional element and the stipulation is analyzed under Almanza. A political outsider, Dan has the courage to take on the assaults against our individual liberty, the sovereignty of Texas, our Judeo-Christian values, and the Constitution. State Senator District 6. Voters Guide: Texas Judge, Court of Criminal Appeals, Place Travis County: 2022 Primary Elections Voter Guide 2. font-weight: 200; For nearly 20 years, Republicans have had trifecta control of the law-making process in our Legislature meaning that Republicans have held the reins of power in the Offices of Governor and Lt. .race_header.libertarian { Bryant, 187 S.W.3d at 400 ([a] fact that is judicially admitted needs no evidence from the party benefiting by the admission the fact is thereafter to be taken for granted; so that the one party need offer no evidence to prove it, and the other is not allowed to disprove it) (quoting 9 Wigmore on Evidence 2591 (3d ed.1940)). .race_header, .results_text, .results_table_container, .votebox_legend { Contributions to the Permanent School Fund have declined precipitously, putting pressure on school funding; the Alamo Project has suffered from flawed concepts and lack of fiscal transparency; state and private lands are being threatened by the federal 30 x 30 plan; delays in responding to and distributing funding after hurricanes caused human suffering; and, sadly, services to our veterans administered by the GLO are deteriorating. Executive Director JoAnn Fleming: Texans need courageous legislators who wont cower to the federal government nor sheepishly submit to executive overreach by the Governor and Austin bureaucrats. Julie is pro-life and committed to the conservative values of the Texas Republican Party. 8. Copyright 2020 - The Republican Party of Texas - All Rights Reserved. In 2020, Ballotpedia re-examined the 206 Pivot Counties to view their voting patterns following that year's presidential election. It consists of eight overarching canons: The full text of the Texas Code of Judicial Conduct can be found here. hbbd```b``"fHY` f60{T^`A`, "d@\,"YEif *7.FL~? james calvin massey, appellant. Harris v. United States, 390 U.S. 234, 236 (1968). 9. Texas Court of Criminal Appeals: Winner won't be able to finish term State Senator District 5. Emily Miskel, Dori Contreras While we are aware that Justice Schenck was first appointed to his current position by Gov. Although Appellant had stipulated before trial that he had been previously convicted of two DWI offenses, this stipulation was not entered into evidence until the punishment phase of the trial. Rarely has a candidate interviewing with us for an executive state-wide position brought the depth of experience, the multi-discipline knowledge, and the specific skill sets needed to rebuild the organizations reputation, improve communications and transparency, and rebuild confidence. The 20 seats were up for partisan election on November 8, 2022. Texas Fifth District Court of Appeals - Ballotpedia overflow: hidden; } stream With four of the five seats on the Smith County Commissioners Court turning over this election cycle, Fritz Hagers business skills and experience are greatly needed. display: inline-block; Unlike Abbott, Allen West will not allow illegal border crossings to surge, increasing suffering for citizens, soldiers, and law enforcement. He and the Collin County Commissioners have reduced the property tax rate nine consecutive years, adopting the no-new-taxes effective rate for the last six years in a row! JoAnn Fleming, Executive Director: Reminding voters why we strongly support Terri Leo-Wilson for State Rep. HD 23. Terri has over twelve years of unpaid public service on the State Board of Education and the State Republican Executive Committee (SREC). Only a person who understands the battle, the signs of the times, and what is at stake, will spend thousands of hours without pay or staff reading through textbooks and compiling reports. v. t. e. The Fifth Court of Appeals of Texas is one of the 14 Texas Courts of Appeals. 6. All rights reserved. Governor. Is that your stipulation?, Defense counsel answered, Yes, Your Honor, it is. The prosecutor agreed as well, but noted that it's the State's understanding that the law still remains that I am allowed to read the indictment with the prior convictions and that's all I'm planning to do. The defense attorney disagreed, saying, [I]t's my understanding he is not allowed to read the priors.. 7:13-CR-141-1 We are also deeply grateful to Don Huffines and Chad Prather who have long aimed a bright spotlight of truth on the mess Abbott has made, while bringing forth bold solutions. padding-left: 0; The fast-tracking of their pet, special interest legislation that has absolutely nothing to do with the priorities of the people. Bill Pedersen An additional justice position was created in 1983. Appellant argues that-although he had stipulated to two prior DWI convictions before trial and asked that the prosecutor be forbidden from reading either the jurisdictional indictment paragraphs or the stipulation to the jury-the court's charge should have required the jury to find that he had two prior DWI convictions before it could convict him of felony DWI. .results_row td { Robbie Partida-Kipness Id. Mark Dorazios long record of laboring in the conservative grassroots trenches assures us that he will work his heart out to save Texas from Leftist wolves and the establishment Republicans who enable them. Incumbents are bolded and underlined. Frances Bourliot Court height: 22px; Gina Benavides, Jerry Zimmerer Fourth, there is no other relevant information in the record that appellant suggests caused or increased any harm from the trial court's failure to include an instruction concerning the jurisdictional element of prior convictions and his stipulation to that element. Mr. Hager is an advocate for restraining the size and cost of county government and gave numerous, specific examples of ideas he wishes to initiate to improve county services while reducing the cost of operations. margin-right: 12px; stream The nine-member Texas Court of Criminal Appeals is the states highest appellate court for all decisions on Texas criminal matters. But its pivotal role in Texas legal system does not mean its easy for voters to find information on the five candidates running for three seats on the court in November. Stay up-to-date with how the law affects your life. We strongly urge conservatives in SD 24 to get on board with. The results have been certified. } } .results_table_container { Executive Director JoAnn Fleming: We are excited to endorse Eric Bowlin for Texas House District 70! JoAnn Fleming, Executive Director: We confidently and strongly endorse Mark Dorazio for Texas House District 122. State Senator District 3. It was therefore unnecessary for the trial court to include in the jury's instructions any issue regarding the stipulated prior convictions.21, The law that applies to any felony DWI offense includes the jurisdictional element of two prior DWI convictions. Yet in relying on Bishop, the court of appeals appears to have created a conflict with our decision in Walter v. State. text-align: center; JAMES CALVIN MASSEY v. THE STATE OF TEXAS. 4. } } If all Republican officials had followed Tims lead 16 years ago, our border and communities would be secure. The judgeship was vacated by the retiring Republican Cheryl Johnson. The trial court can instruct the jury about the stipulated prior convictions in any of several different ways. Send proven conservative, A 28-year teacher and speech-language pathologist, Lani specializes in students with autism and social communication disorders. Sarah Beth Landau margin: 0; [3], In 2022, the associate judges of the court received a salary of $178,400, according to the National Center for State Courts.[6]. margin-bottom: 0px; .race_header.republican { We therefore urge a vote for Dewey R. Collier in the March 1, 2022, Republican Primary.. A former criminal defense attorney from Fort Worth, Walker won his party's runoff race in 2016 in a low-turnout contest against Brent Webster, an assistant district attorney for Williamson County near Austin. .mw-body #mw-content-text .votebox .race_header h5.votebox-header-election-type { Unlike Abbott, West will not use our tax dollars to welcome in corporate cultural wolves that savage families and Texas values with Woke-ism. Incumbent Molly Francis advanced from the Republican primary for Texas Fifth District Court of Appeals Place 10 on March 6, 2018. (the prior convictions must be included in the jury charge and found to be true before a jury may find a defendant guilty of the offense of felony DWI) (citations omitted); Martin v. State, 84 S.W.3d 267, 269 (Tex.App.-Beaumont 2002, pet ref'd) (quoting Mewbourn); Orona v. State, 52 S.W.3d 242, 246 (Tex.App.-El Paso 2001, no pet.) Sara is a prosecutor serving in this Court for three years. Please try again. These results are automatically generated from Google. WebThe Texas Court of Criminal Appeals ( CCA) is the court of last resort for all criminal matters in Texas. %PDF-1.4 United States Court of Appeals FIFTH CIRCUIT OFFICE OF THE CLERK TEL. JoAnn Fleming, Executive Director, Board of Directors: We strongly endorse Dr. Tim Westleyfor Texas Land Commissioner. He has been the recipient of numerous honors and awards and has a history of service to his profession and community. Texas voted Republican in all six presidential elections between 2000 and 2020. .inner_percentage.Republican { Texas is in a crisis of crime. He is strongly pro-life and spoke extensively about the need to save our community from the encroachment of the cultural Marxism of WOKE ideology. In Almanza, we established the standard of review for unobjected-to jury-charge error, but this precedent does not apply to the circumstances of the instant case because in Almanza, the charge error was potentially detrimental to the defendant. In December, the Court issued a jaw-dropping ruling that the Attorney General has no constitutional authority to prosecute election fraud and instead leaves the sole power to local district attorneys! State Senator District 2. Webin the court of criminal appeals . Source. no. Grassroots America confidently and strongly endorses RepublicanNathaniel Moran for Congress in the race for US Representative, Congressional District 1. Clint Morgan, 40, filed in Austin this week for Place 5 on Texas Court of Criminal Appeals a seat now occupied by incumbent Scott Walker, 68. Incumbent Jason Boatright advanced from the Republican primary for Texas Fifth District Court of Appeals Place 9 on March 6, 2018. WebThe Texas Court of Criminal Appeals ( CCA) is the court of last resort for all criminal matters in Texas. After jury selection, but before the start of this felony DWI trial, the defendant presented the trial court and prosecutor with a written, signed stipulation admitting that he had two prior DWI convictions. } Dr. Spiers was a cardiac surgeon. This approach appears consistent with that taken by the trial judge who noted at the hearing on the motion to suppress that the drugs at issue were not discovered by a search nor recovered by State action. Court State Senator Learn more about FindLaws newsletters, including our terms of use and privacy policy. } Given the facts that 1) Soros has successfully funded anti-rule of law district attorney candidates in TX and 2) Gov. %%EOF border: 1px solid #999; 8. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. JoAnn Fleming, Executive Director: We heartily endorse proven taxpayer champion Chris Hill for re-election as Collin County Judge. He was always a strong supporter of Tyler ISD paying down bond debt early, saving taxpayers millions of dollars in interest. color: #fff; padding-top: 8px; padding-left: 8px; JAMES CALVIN MASSEY, Appellant v. THE STATE OF TEXAS NO. 5. .mw-body #mw-content-text .votebox .race_header h3.votebox-header-office-name { Judge Presiding. Bill Pedersen advanced from the Democratic primary for Texas Fifth District Court of Appeals Place 9 on March 6, 2018. He is a nurse by profession with a Master of Science degree who served in both Operation Iraqi Freedom and Operation Enduring Freedom, attended the Command General Staff College, and culminated his military career as Director of the Army Surgical Technology program, Joint Base San Antonio. If the State wanted to obtain Appellant's conviction for a felony DWI, it bore the responsibility of requesting a jury charge that included the prior convictions to which Appellant had stipulated. } Session after session, Republican grassroots activists push to pass conservative reforms commonsense, property tax-cutting, lifesaving, liberty-preserving, parental rights-respecting legislation found in the Texas GOP platform, and the bills are killed in House Committees by. Texas County Courts 22. I agree with the Court that the court of appeals erred to reverse the trial court's ruling on Appellant's motion to suppress. Top Harris County Prosecutor Running for Texas Highest Criminal Court Polk overruled it. Dont take a chance! Texas Judge, Court of Criminal Appeals, Place 5 Scott Walker, Republican Did not respond to the League of Women Voters questionnaire as of Oct. 24. 3850 (Metro) Thats why we strongly endorse pro-life US Army Veteran, Christian Dad, and successful entrepreneur Eric Bowlin for the Texas House. Texas Court of Criminal Appeals - Wikipedia court PD-0170-22 Decided: April 26, 2023 NEWELL, J., filed a concurring opinion in which HERVEY, RICHARDSON and SLAUGHTER, JJ., joined. If the defendant objects to the failure to include any reference to the jurisdictional element, he need show only some actual, (not theoretical) harm calculated to injure his rights.10 If the defendant does not object to the jury charge, he must show that the jury charge caused him such egregious harm that he did not have a fair and impartial trial.11, We briefly summarize the current status of the law when a defendant offers to stipulate to the two jurisdictional prior DWI convictions in a felony DWI trial:12, 1)The State must plead two jurisdictional prior DWI convictions in a felony DWI indictment; it is the indictment that confers jurisdiction in the district court;13, 2)The State may (but is not required to) read the entire indictment, including the two jurisdictional allegations (but only those two), in arraigning the defendant in the presence of the jury;14, 3)Both the State and the defense may voir dire the jury concerning the range of punishment for both a felony and misdemeanor DWI;15, 4)Nothing in the law requires that the jury be informed of the particulars of the prior convictions in reading the indictment, voir dire, opening or closing arguments or in the jury charge itself;16, 5)A defendant's stipulation to the two prior DWIs, being in the nature of a judicial admission, has the legal effect of removing the jurisdictional element from contention; a defendant may not offer evidence or argument in opposition to his stipulation;17, 6)During the trial, the jury may be informed of the stipulation and any written stipulation may be offered into evidence before the jury, but the evidence is sufficient to support a defendant's conviction even if the stipulation is not given or read to the jury;18, 7)In a bench trial, the guilt and punishment stages are not bifurcated, so the State is not required to offer the stipulation during the initial portion of the hearing, even if the proceeding is improperly bifurcated.19. } POLITICAL ADVERTISEMENT PAID FOR BY GRASSROOTSAMERICAWETHEPEOPLE, Nathaniel Moran - Texas Congressional District 1, Keith Self - Texas Congressional District 3, Dan Thomas - Texas Congressional District 4, Mark Ramsey - Texas Congressional District 38, Bradford & Miller - Texas Lieutenant Governor. When it comes to financial and organizational integrity, we have no doubt that Marty will require transparency and adherence to party rules and local bylaws. Nonetheless, we need not remand this case to the court of appeals to re-review the record.23 In this Court, appellant recognizes the applicability of Almanza to this unobjected-to jury-charge error and more than half of his Brief addresses the issue of egregious harm under Almanza. Fritz Hager is a dedicated supporter of law and order. Voters are frustrated! We therefore strongly endorse both Trayce Bradford and Daniel Miller for the Office of Lieutenant Governor. Source. Liza Rodriguez, Robert D. Burns III Fallons late disclosures of stock trades worth between $7.8 million $17.53 million (first reported by Business Insider) cite his purchase of between $300,000 $750,000 worth of stock in Boeing, the aviation and defense contracting giant. Bluntly, we observe the Texas Supreme Court becoming far too political due to the maneuvering of timed vacancies and gubernatorial appointments rather than having justices elected by the people. Amanda Reichek Nubia understands this is a defining moment time is running out to secure the Lone Star brand of liberty. 2022 Republican Primary Ballot Propositions, 88th Session Legislative Priorities Talking Points, Legislative Priorities Report for 4.24.23, Legislative Priorities Report for 4.18.23, Texas State Board of Education Rejects Woke Ethics, Legislative Priorities Report for 4.12.23, Texas Republican wins state House seat in runoff election - KYMA, Republican Gary Gates Wins Texas House District 28 Special Election Runoff, Texas Republican wins state House seat in runoff election - KVIA, Texas Republican wins state House seat in runoff election - KRDO, Update from Chairman Dickey, December 2019 James Dickey, Update from Chairman Dickey, December 2019, Update from Chairman Dickey, November 2019 James Dickey, Update from Chairman Dickey, November 2019. 1986 Jon is also an entrepreneur with an obvious strong work ethic. Louie stood with Trump to secure the border and push forward on America First policies when others jeered from the cheap seats. 3. 22 0 obj % Lukowsky was not in a lawful vantage point even though he was in a public place.7. Circuit Court of Appeals last week paused part of Kacsmaryks ruling until it considers the governments appeal, temporarily preserving the FDAs original approval of mifepristone. Court of Criminal Appeals of Texas. Unlike Abbott, Allen West will work hard to eliminate property taxes. NEW CITY - A Republican legal action seeks to knock Clarkstown Democrats off the ballot, claiming fraud involving ballot petitions filed with the Rockland Board of Elections. Instead, Mr. Hager supports pay as you go to maintain roads and bridges without adding debt onto the backs of taxpayers. 2022 RPT Primary Endorsements - Grassroots America - We The App. In fact, the jury charge benefits him because it does not mention anything about his two prior DWI convictions, the very convictions that he did not want the jury to be made aware of. Peter Kelly, Bonnie Sudderth Another way is to simply charge the elements of the underlying DWI offense and include a paragraph stating that the defendant has stipulated to the existence of two (specified or unspecified) prior DWI convictions, and thus the jury is directed to find that those elements of felony DWI are established. padding-bottom: 3px; Lukowsky found the drugs is not in dispute. This is an injustice to our State Constitution and its protections for Texans liberties, which are NOT to be suspended during proclaimed emergencies. Texas Court of Appeals A straight shooter, Raul Reyes is the conservative, dependable Liberty warrior we need in Austin to fight for the people of Texas. background-color: #6db24f; COCHRAN, J., delivered the opinion of the Court, in which KELLER, P.J., PRICE, WOMACK, JOHNSON, KEASLER, HERVEY, and HOLCOMB, JJ., joined. Luz Elena Chapa A jury convicted appellant of felony Driving While Intoxicated (DWI). top: -1px; Learn more about FindLaws newsletters, including our terms of use and privacy policy. Ballotpedia defined those won by Trump won as Retained Pivot Counties and those won by Joe Biden (D) as Boomerang Pivot Counties. 0 Apply for the Ballotpedia Fellows Program, Texas intermediate appellate court elections, 2024, Texas intermediate appellate court elections, 2022, Texas intermediate appellate court elections, 2020, Texas intermediate appellate court elections, 2018. complete the Ballotpedia Candidate Connection Survey. Concerned about anti-Christian, immoral, Leftist values being forced on school children in the form of graphic sex education and gender confusion? United States Court of Appeals FIFTH CIRCUIT OFFICE OF THE CLERK LYLE W. CAYCE CLERK TEL. max-width: 75px; } WebState Board Of State Senator District 1. There is no doubt that he will also work to restore the rule of law, our military readiness, and vital support for veterans. The email address cannot be subscribed. top: 2px; Free Enterprise Language links are at the top of the page across from the title. display: inline; width: 350px; .votebox_legend { font-size: 20px; Honorable Randy Johnson. He assumed office on January 1, 2017. Mr. Hager supported reductions in the Tyler ISD operational tax rate in spite of an increase in bonded indebtedness. 2022 Texas Criminal Appeals Court Place 5 Republican Primary Results Election Date: Mar. It is not the defendant's duty to object to the jury charge so that it conforms to the State's indictment. background-color: #f9d334; Unlike Abbott, West will not be silent while vaccine mandates trample liberty. at 803 (Holcomb, J., concurring); Robles v. State, 85 S.W.3d 211, 214 (Tex.Crim.App.2002) (Womack, J., concurring) (noting that the specifics of the prior DWI convictions are evidentiary matters, the jurisdictional element is that the person has previously been convicted (2) two times of any other offense relating to the operating of a motor vehicle while intoxicated). position: relative; padding:7px 8px 8px; (not designated for publication)). R. App. z-index:1; color: #888; /Jeremy Carter / Houston Chronicle Show More Show Less 2 of 32. 9. Charles Spain } We looked for a proven conservative someone with a record of stable, steady, dependable, moral leadership in good times and bad. Martin v. State, 179 S.W.3d 685 (Tex.App.-Beaumont 2005). Texas needs a principled, strategic disrupter a bold painter to write freedom on the hearts of Texans all Texans in a language they can understand. That error is analyzed under our familiar Almanza9 standard. See Rodgers v. State, 205 S.W.3d 525, ----, No. Stay up-to-date with how the law affects your life. color:white; Between legislative sessions, Trayce speaks out on these issues as well as warning about Big Government-fed cultural and fiscal attacks on Texas families. Erin Nowell And when it comes to ending medical child abuse the sex change butchery and chemical sterilization of little children Warren Norred will be a strong fighter for these kids and will back down to no one. Court of Criminal Appeals Although a defendant's stipulation takes this jurisdictional element out of contention and obviates the need for any evidentiary proof of that element, the jury must still be instructed on all of the law concerning a felony DWI offense. The terms of 20 Texas intermediate appellate court judges expired on December 31, 2022. padding-left: 0; pd-0170-22 . } Should our communitys conservative values rooted in the Judeo-Christian ethic come under attack, we cannot imagine Fritz Hager being anywhere but on the front lines to apply his conservative standards and values in defense of our community. The Court granted the State's third ground of review which asked: Is an officer in a public place not in a lawful place under a plain view analysis merely because a Fourth Amendment violation occurred?

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texas judge court of criminal appeals place 5