WEHRENBERG v. STATE

Nos. PD-1702-12, PD-1703-12.

416 S.W.3d 458 (2013)

Michael Fred WEHRENBERG, Appellant v. The STATE of Texas.

Court of Criminal Appeals of Texas.

December 11, 2013.


Attorney(s) appearing for the Case

James R. Wilson , The Mallick Tower, Richard Alley , Fort Worth, TX, for Appellant.

Lisa McMinn , State Prosecuting Attorney, Austin, Texas, Lisa C. McMinn , State's Attorney, Austin, for the State.


OPINION

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

Is the federal independent source doctrine, which excepts from the exclusionary rule evidence initially observed during an unlawful search but later obtained lawfully through independent means, applicable in Texas? The State raises this question in its petition for discretionary review after the court of...

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