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Court of Criminal Appeals of Texas


State of Texas v. Kelly, 1136-05

In a driving while intoxicated case (DWI), a judgment of the court of appeals is affirmed where it properly reversed a trial court's order granting defendant's motion to suppress her hospital blood-test results since an express or implied finding of "mere acquiescence" to defendant's blood draw also constituted a finding of consent to the blood draw.

Appellate Information

  • Decided 10/25/2006
  • Published 10/25/2006

Judges

Court

  • Court of Criminal Appeals of Texas

Counsel

  • For Appellant:
  • Joseph V. Collina, Corpus Christi, for appellant., Lance A. Watt, Asst. D.A., Corpus Christi, Matthew Paul, State's Attorney, Austin, for state.

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