RODNEY LAMONT HUNT v. THE STATE OF TEXAS (original)

IN THE COURT OF CRIMINAL APPEALS 
OF TEXAS 

No. PD-0995-10
RODNEY LAMONT HUNT, Appellant 
v. 
THE STATE OF TEXAS 
ON APPELLANT'S PETITION FOR DISCRETIONARY REVIEW
FROM THE FIFTH COURT OF APPEALS 
KAUFMAN COUNTY 
Per curiam. 
O P I N I O N

Appellant was convicted of murder and sentenced to 99 years confinement. On appeal, Appellant claimed that police used a deliberate "question first and warn later" technique when police gave a "midstream" Miranda warning as discussed by the Supreme Court in Missouri v. Seibert, 542 U.S. 600 (2004). The Court of Appeals affirmed, holding that Appellant's post-Miranda statement was not tainted by a statement that he gave to police before being given the Miranda warnings. Hunt v. State, No. 05-07-01408-CR (Tex. App.-Dallas, March 16, 2009). Appellant petitioned this Court for discretionary review.

When the Court of Appeals issued its opinion in this case, it did so without the benefit of this Court's opinions in Martinez v. State, 272 S.W.3d 615 (Tex. Crim. App. 2008), and Carter v. State, 309 S.W.3d 31 (Tex. Crim. App. 2010). Therefore, we vacate the judgment of the Court of Appeals and remand for that court to consider the effect of Martinez and Carter, if any, on its reasoning and analysis in this case.

En banc

Delivered: January 26, 2011

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