Reeder v. State
No. PD-0601-14
Case Summary written by Pedro Leyva, Staff Member.
JUDGE HERVEY delivered the opinion of the unanimous court.
The appellant, Reeder, over his objection, was required to submit a blood specimen after hitting a tree pursuant to §724.012(b)(3)(B) of the Texas Transportation Code. The appellant was charged with a felony DWI because he had twice previously been convicted of DWI. The appellant filed a motion to suppress, which was denied by the trial judge.
The appellant appealed, arguing that his conviction should be reversed given the U.S. Supreme Court’s decision in Missouri v. McNeely, 133 S. Ct. 1552 (2013). The court of appeals ultimately found §724.012(b) was unconstitutional as applied to the appellant. The State Prosecuting Attorney then filed a petition for discretionary review arguing that the blood-draw in this case did not violate the Fourth Amendment regardless of the Supreme Court’s ruling in McNeely.
The Court of Criminal Appeals following its decision in State v. Villarreal, No. PD-0306-14, 2014 WL 6734178 (Tex. Crim. App. Nov. 26, 2014), resolved the issue against the State, thereby affirming the judgment of the court of appeals.