Second Court of Appeals

Summaries of Civil Opinions and Published Criminal Opinions Issued - Week of February 5, 2018.

NOTE: Summaries are prepared by the court's staff attorneys and law clerks for public information only and reflect his or her interpretation alone of the facts and legal issues. The summaries are not part of the court's opinion in the case and should not be cited to, quoted, or relied upon as the opinion of the court.

Links to full text of opinions (PDF version) can be accessed by clicking the cause number.

State v. Binkley, No. 02-16-00381-CR (Feb. 8, 2018) (Pittman, J., joined by Sudderth, C.J., and Gabriel, J.).

Held:  Considering the totality of the circumstances in the record before us and viewing the evidence in the light most favorable to the trial court’s ruling, the deputy’s testimony indicating a weekly error rate of 33% and potentially up to 100% in his experience with the database and the database coordinator’s inability to explain that error rate support the trial court’s implicit findings that the database was not reliable and the deputy did not have reasonable suspicion to support the stop.