Essay on "Joe Lee Simmons Statement"

Essay 9 pages (2663 words) Sources: 4 Style: APA

[EXCERPT] . . . .

Applying the strict standard that the trial court and Appeals Court applied to the evidence was highly prejudicial to the Defendant and is an issue that is ripe for determination by the Supreme Court.

Memorandum

Date: March 30, 2012

Re: Simmons v. Texas, 288 S.W.3d 72 (1st Dist. 2009)

Objectives of the Parties

The defendant in this case is our client. To date, he has faced a full trial in the Harris County District Court on the charge of possession of a controlled substance, namely cocaine, where he unsuccessfully defended the charges and was found guilty. At sentencing, Mr. Simmons, because of this conviction and his having two prior felony convictions, was sentenced to serve a term of 55 years in prison. Subsequent to sentencing, the defendant appealed his decision to the Court of Appeals. It is important to note that Mr. Simmons elected to represent himself in the proceedings before the trial court.

Theories of Litigation

The fact that Mr. Simmons decided to represent himself in the proceedings before the trial court makes the issue of appeal far more difficult. Several of the issues that are available for appeal involve procedural matters that may have been prejudiced by Mr. Simmons' failure to follow the required procedure for preserving his rights on appeal. For instance, one of the primary appealable issues is the legality of the detention and arrest of the defendant. The circumstances surrounding the officer's first approaching, detaining and arresting the defendant are highly questionable. Although the defendant properly filed a Motion to Suppress the evidence garnered from him as a result of the search incident to an arrest, he failed to properly object to some other procedural deficiencies and, as a result, he lost his right to bring such deficiencies on appeal

. This poses a serious problem for any subsequent appeal but, at this point, there is little that can be done to remedy the situation. This failure by Mr. Simmons jeopardizes his ability to argue the officer's actions and the prosecution's failure to provide proper notice as required by the Texas Rules of Criminal Procedure

Similarly, Mr. Simmons also erred by not registering the proper objection with the court relative to the alleged improper use of evidence by the state. The evidence in question involves the admission of a report by an uncertified forensic laboratory. Under Texas law the use of a report from an uncertified laboratory is prohibited but the objection to such report must be made at the appropriate time in order to be preserved

. Mr. Simmons, unfortunately, did not do so. As a result, like the objections relative to his Motion to Suppress, this objection may be lost.

History of Litigation

The case was heard in the Harris County District Court subsequent to the denial of the Defendant's Motion to Suppress. Mr. Simmons represented himself before said Court and was found guilty of the single count of possession of a controlled substance. Once sentencing was imposed the Defendant appealed his conviction to the First District Court of Appeals. The case was heard fully by said Court with a decision being rendered on all the issues affirming the decision of the trial court. In order to proceed further on the issues the Defendant must file an appeal with the Texas Supreme Court. He has approached our office to determine whether an appeal to such tribunal is warranted.

Present proceedings on appeal

To date, the defendant has followed the proscribed procedures under Texas law. At this point, however, he is not automatically entitled to proceed further. In order to have the case heard by the supreme court it will be necessary for him to file a petition requesting a discretionary review by the supreme court. The supreme court has no legal duty to grant the defendant a new hearing on the issues and, if such hearing is denied, Mr. Simmons' conviction will be automatically upheld and Mr. Simmons right to any further review will be extinguished.

Facts

The incident giving rise to this legal case occurred on the evening of November 5, 2003. According to the testimony of the arresting officer, Mr. Simmons was observed standing in a land of traffic and seen littering by throwing tiny pieces of paper on the street. The officer, having observed such behavior, approached Mr. Simmons and requested identification. At this point, it was the officer's intent to issue Mr. Simmons a citation but, when Mr. Simmons failed to be able to produce identification, the stated the he was required under department policy to physically arrest the defendant. Pursuant to such arrest, the officer conducted a protective search of Mr. Simmons during which not only was Mr. Simmons' identification found but also a small bottle containing an unknown substance that was later determined to be cocaine.

Issue #1

The first issue to be considered for appeal is whether or not the arresting officer had a reasonable suspicion for the stop, detention and arrest of the defendant.

Holding

This issue was partially decided by the trial court subsequent to the defendant's filing of a Motion to Suppress and, in full, by the Court of Appeals. At the trial level, the defendant's Motion to Suppress was denied and the appellate level the appellant's appeal on such issue was overruled and the decision of the trial court affirmed.

Reasoning

The Court of Appeals ruled that under existing Texas case law that the officer provided specific, articulable facts to justify the stop and arrest of the defendant.

Issue #2

The second issue under consideration is the admission of a forensic lab report by the prosecution which stated the substance found in the bottle confiscated from the defendant upon a search pursuant to the defendant's arrest was cocaine. Texas law prohibits the use of such report but it is the duty of the party objecting to its admission tender such objection at the appropriate time during the trial proceeding.

Holding

The Court of Appeals ruled against the defendant on this issue.

Reasoning

The basis of the Court's ruling on this issue is the fact that the defendant failed to object at the proper time and method proscribed by statute and thereby waived his right to object subsequently.

Legal Appeal

Thomas Y. Davies. "How the Post-Framing Adoption of the Bare-Probable Cause Standard Drastically Expanded Government Arrest and Search Power," Law and Contemporary Problems (2010). pp.1-56.

Jennifer Hart. "The Admissibility of Lab Reports as Prima Facie Proof: Dispensing with Confrontation on Assumptions of Reliability," Southern University Law Review. (2007). pp. 267-289.

Tex. R. Evidence 402.3 (2011).

See Tex. Health & Safety Code Ann. §481.102(3)(D)(Vernon Supp.2008), §481.112(a), (d) (Vernon 2003).

Tex. R. App. P. 33.1 (a)(1).

Tex.… READ MORE

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