Guzman v. State
- Decided
- September 24, 1997
- Docket
- 190-94
- Status
- Published
- Jurisdiction
- Texas
Cited 6,556 timesNo negative treatment found in this library
What later courts said
- holding that de novo review applies when reviewing a mixed question of law and fact which does not turn on an evaluation of credibility and demean- or — O'KEEFE v. State (1998)
- holding that mixed questions of law and fact not turning on an evaluation of witness credibility and demeanor are reviewed de novo — Jesse Vasquez v. State (2020)
- holding that we defer to trial court’s application of law to fact questions if questions turn on evaluation of credibility and demeanor — Quincy Rashard Carter v. State (2010)
Each line is a later court’s own words about this case, not a summary. Read the opinion before relying on it.
How the opinion begins
OPINION ON STATE’S PETITION FOR DISCRETIONARY REVIEW McCORMICK, Presiding Judge.
Appellant was convicted of the offense of possession of heroin and punishment was assessed at twenty years’ imprisonment. Texas Controlled Substances Act, Tex. Health & Safety Code Ann. Section 481.115 (Vernon 1992). The Austin Court of Appeals reversed appellant’s conviction and remanded the cause to the trial court. Guzman v. State, 867 S.W.2d 126 (Tex.App.—Austin 1993). In its petition for discretionary review, the State presented the following question:
“If an officer knows from prior training and experience that heroin is commonly carried in a dealer’s mouth packaged in small balloons, and it is common for the dealer to swallow the balloons when approached by the police, does probable cause to arrest arise when a tip that a particular dealer is secreting heroin in his mouth is corroborated by the suspect’s failure to comply with a lawful order to stop and his overt swallowing of the contents of his mouth?”
Cite this
Guzman v. State, 955 S.W.2d 85 (1997)Read the full opinion
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