Court of Criminal Appeals of Texas

A defendant who affirmatively states, "No objection," when evidence is offered, waives his right to complain on appeal that the evidence was, as a matter of law, illegally obtained under Article 38.23. However, that same defendant may still request and receive a jury instruction under Article 38.23 if the evidence raises a contested factual issue that is material to the lawfulness of obtaining the evidence.

Appellate Information

• Decided 03/05/2008
• Published 03/05/2008

Judges

Court

• Court of Criminal Appeals of Texas

Counsel

• For Appellant:
  
• Joseph W. Varela, Houston, for Appellant., Peyton P. Peebles III, Asst. District Atty., Houston, Jeffrey L. Van Horn, State's Atty., Austin, for State.