Second Court of Appeals

Summaries of Civil Opinions and Published Criminal Opinions Issued - Week of March 18, 2019.

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.

Wheeler v. State, 02-18-00197-CR (Mar. 21, 2019) (Gabriel, J., joined by Pittman and Bassel, JJ.).

Held:  The arresting officer’s affidavit for a blood-specimen search warrant was unsworn, and the evidence showed that the oath recitals in the preambles of the affidavit and warrant and in the jurat were false.  Based on the singular facts of the appeal, the good-faith exception to the exclusionary rule does not apply because the arresting officer could not have acted in good-faith reliance on a warrant supported by an unsworn affidavit.  Because the appellant pleaded guilty after his motion to suppress was denied, indicating that the denial was a factor in his decision to plead guilty, reversible harm is shown.