TX3: Def doesn’t get art. 38.23 jury instruction on RS

Because a jury would never understand the question of law in reasonable suspicion, a Texas defendant doesn’t get an art. 38.23 jury instruction on it. “Appellant’s second alleged disputed fact concerns the existence or nonexistence of reasonable suspicion and probable cause. As the Court of Criminal Appeals in Madden noted, ‘The jury, however, is not an expert on legal terms of art or the vagaries of the Fourth Amendment. It cannot be expected to decide whether the totality of certain facts do or do not constitute “reasonable suspicion” under the law.’ 242 S.W.3d at 511. Thus, because appellant’s second contested issue involves a legal, and not factual, matter, it does not entitle him to an Article 38.23 instruction.” Haynes v. State, 2021 Tex. App. LEXIS 5097 (Tex. App. – Austin June 25, 2021).

Defense counsel wasn’t ineffective for not challenging the search warrant for not having the affidavit attached because it would fail. United States v. White, 2021 U.S. Dist. LEXIS 118297 (S.D. Ohio June 24, 2021).*

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