WEEMS v. STATE

No. 04-13-00366-CR.

434 S.W.3d 655 (2014)

Daniel James WEEMS, Appellant v. The STATE of Texas, Appellee.

Court of Appeals of Texas, San Antonio.

May 14, 2014.


Attorney(s) appearing for the Case

Justin Fischer , for Daniel James Weems.

Susan D. Reed , for The State of Texas.

Sitting: CATHERINE STONE, Chief Justice, KAREN ANGELINI, Justice, LUZ ELENA D. CHAPA, Justice.


OPINION

Opinion by: KAREN ANGELINI, Justice.

At issue in this appeal is whether the warrantless blood draw administered to Daniel James Weems violated his rights under the Fourth Amendment to the Constitution. Because we hold that Weems's rights under the Fourth Amendment were violated, we reverse the judgment of the trial court and remand for a new trial.

BACKGROUND

Weems was charged with the felony offense of driving while intoxicated...

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