Grits for Breakfast: Blood draw vote casts light on CCA Fourth Amendment divisions

Grits for Breakfast: Blood draw vote casts light on CCA Fourth Amendment divisions:

Grits earlier examined the Texas Court of Criminal Appeals’ recent Fourth Amendment jurisprudence for patterns and trends (“Divided Court of Criminal Appeals in flux”), and a commenter suggested the opinions in State v. Villareal, in which the CCA narrowly required warrants for police to perform blood draws in routine DWI cases, might usefully contribute to that discussion. The CCA denied a motion for rehearing last month, essentially settling the legal issue. The press has recently begun to take note.

The vote patterns, though, fall roughly along the lines of the Fourth Amendment sniffer-dog case Grits discussed earlier, with two of the new members (Newell and Richardson) insisting on upholding the Fourth Amendment and one (Yeary) aligning with Keller, Hervey, and Keasler on the side of maximizing state power.

This case had originally been decided 5-4 in 2014, but three of the five judges in the majority left the court during the last election cycle and were replaced. Soon thereafter, prosecutors sought rehearing by the new batch of judges.

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