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Holcomb, J., joins in the refusal of the petition for discretionary review. "A logical inference can be drawn that the small amount of marijuana here could not have been mistaken for a weapon, and thus, the pat-down exceeded its permissible scope.+. . . Therefore, it is my view that appellant's only possible hope for relief (as far as the state courts are concerned) is to file a writ of habeas corpus complaining of ineffective assistance of trial counsel."
November 21, 2005 at 12:00 AM
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The original version of this story was published on Texas Lawyer
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