Kuykendall v. State, 335 S.W.3d 429

Late evening on Kuykendall's birthday, two Liberty County deputies found him in a truck on the highway with parking lights on; he wore only a blue tank top and underwear.
Open alcohol container and a twelve-pack were visible in the truck; Kuykendall produced an expired ID and a pizza coupon when asked for license and insurance.
Kuykendall claimed to be undercover Texas Ranger; officers obtained consent to retrieve credentials; a large knife was observed on the floorboard; no credentials were found and Kuykendall was arrested for impersonating a public servant and possessing an illegal weapon.
The vehicle was searched to inventory contents prior to towing; clothes on the passenger seat were moved and a plastic baggy fell from Kuykendall's pants; Kuykendall pled guilty to misdemeanor possession of marijuana and possession of a prohibited weapon.
Kuykendall was indicted for possession of methamphetamine (1–4 grams); a jury found him guilty of possession of a controlled substance.
On appeal Kuykendall challenged judicial disqualification, admission of misdemeanor pleas, and denial of his motion to suppress; the court held no disqualification, issues not preserved or waived, and affirmed the judgment.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Judicial disqualification due to prior representation	Kuykendall argues Hathorne requires disqualification because judge previously represented him.	Kuykendall contends the judge was disqualified under due process and can’t preside.	No disqualification; Hathorne control; judgment affirmed on this issue.
Admission of misdemeanor pleas as evidence of extraneous offenses	Kuykendall claims pleas were improperly admitted as extraneous-offense evidence.	State contends error was not preserved given no contemporaneous objection.	Error not preserved; admission sustained; issue overruled.
Motion to suppress and chain-of-custody issue	Motion to suppress should have barred evidence; chain-of-custody raised.	State argues community caretaking and proper inventory/search; chain-of-custody argument waived.	Motion to suppress preserved and ruled on at trial; chain-of-custody issue waived; judgment affirmed.

Hathorne v. State, 459 S.W.2d 826 (Tex.Crim.App.1970) (judge not disqualified merely by prior representation; need actual of-counsel in the case)
Ex parte Vivier, 699 S.W.2d 862 (Tex.Crim.App.1985) (judgment void if constitutionally disqualified; recusal not at issue here)
Arnold v. State, 853 S.W.2d 543 (Tex.Crim.App.1993) (recusal rules; Rule 18a considerations miss absent timely motion)
Galitz v. State, 617 S.W.2d 949 (Tex.Crim.App.1981) (motion to suppress is a specialized objection to admissibility)
Calloway v. State, 743 S.W.2d 645 (Tex.Crim.App.1988) (timing of ruling on suppression; objections at trial control)
Reed v. State, 888 S.W.2d 117 (Tex.App.-San Antonio 1994) (preservation requirements for suppression issues)