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CLAY v. STATE

No. PD-0579-12.

391 S.W.3d 94 (2013)

Sara Katherine CLAY, Appellant v. The STATE of Texas.

Court of Criminal Appeals of Texas.

January 9, 2013.

Attorney(s) appearing for the Case

Jerry L. Wood , Fort Worth, TX, for Sara Kathrine Clay.

Mark F. Pratt , County Attorney, Hillsboro, Lisa C. McMinn , State's Attorney, Austin, TX, for State.

Lisa C. McMinn , State's Attorney, Austin.

OPINION

PRICE, J., delivered the opinion of the Court in which KELLER, P.J., and WOMACK, JOHNSON, KEASLER, HERVEY, COCHRAN and ALCALA, JJ., joined.

Must a law-enforcement officer seeking to obtain a search warrant, under Article 18.01 of the Texas Code of Criminal Procedure,1 swear out the affidavit in support of that warrant in the physical presence of the magistrate or may he do so telephonically, as happened in this...

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