{"id":7331,"date":"2012-08-25T12:39:13","date_gmt":"2012-06-22T10:38:15","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2012-06-22T10:38:15","slug":"en-US","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=7331","title":{"rendered":"TX: Appellate court’s refusal to look at video of consent during appeal was error"},"content":{"rendered":"

The appellate court standard of review of deference to the trial court findings did not insulate from review the failure of the trial court to review the videotape of the defendant\u2019s stop that included the consent. The appellate court should review the video in light of the deferential standard of review and reverse if it doesn\u2019t support the findings. Tucker v. State<\/a>, 369 S.W.3d 179 (Tex. Crim. App. 2012):<\/p>\n

Finally, we held in Montanez that appellate courts should apply the deferential standard articulated in Guzman “to a trial court’s determination of historical facts when that determination is based on a videotape recording admitted into evidence at a suppression hearing.” Montanez, 195 S.W.3d at 109. The case before us differs from Montanez in that the video was admitted into evidence but was not viewed by the trial court, and was therefore not used as the basis for any findings, determinations, or rulings. Despite this distinction, deference is still the correct standard to use here. However, in order to determine whether the evidence supports the trial court’s implicit finding, the court of appeals must take all of the evidence, including the video, into account.<\/p><\/blockquote>\n","protected":false},"excerpt":{"rendered":"

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