Narrative Opinion Summary
In the case of David Ray Conley III v. The State of Texas, the Court of Appeals for the First District of Texas addressed the trial court's denial of the appellant's motion to suppress a statement made to law enforcement officers. The appellant challenged the voluntariness of his statement, invoking the precedents set in Vasquez v. State and TEX. CODE CRIM. P. art. 38.22, which necessitate written findings by the trial court on this issue. Consequently, the appellate court granted the State's motion to abate and remand, directing the trial court to provide written findings of fact and conclusions of law within 20 days. The trial court clerk is tasked with submitting a supplemental clerk’s record of these findings to the appellate court within 30 days. The appeal has been temporarily removed from the active docket, pending the submission of the supplemental record, with the possibility for parties to amend briefs upon its reinstatement. Judge Sarah B. Landau signed the order for these proceedings on August 18, 2022.
Legal Issues Addressed
Abatement and Remand for Supplementation of Recordsubscribe to see similar legal issues
Application: The appellate court abated the appeal and remanded the case to the trial court to ensure the record includes necessary written findings on the suppression issue.
Reasoning: The Court of Appeals for the First District of Texas has granted the State's motion to abate and remand the case David Ray Conley III v. The State of Texas, appellate case number 01-21-00566-CR, back to the trial court.
Requirement for Written Findings on Voluntariness of Statementssubscribe to see similar legal issues
Application: The appellate court mandated that the trial court produce written findings of fact and conclusions of law regarding the appellant's motion to suppress a statement, as required by Vasquez v. State and TEX. CODE CRIM. P. art. 38.22.
Reasoning: The appellate court has ordered the trial court to produce written findings of fact and conclusions of law related to the suppression motion within 20 days.