Allyn Shane Doyle A/K/A Shane Doyle v. State
07-14-00340-CR
| Tex. App. | Jan 13, 2015Background
- Trial July 8, 2014 for aggravated assault with a deadly weapon before Judge Ron Enns; the trial ended with a guilty verdict and a 25-year punishment sentence.
- A punishment hearing was held immediately after conviction; the witness rule was invoked and several witnesses were present in the courtroom.
- Appellant Doyle announced he did not want to be present for the punishment witnesses due to concerns about coercion or intimidation; the court and parties discussed this, and Doyle reiterated his position.
- Doyle did not testify during the punishment phase; he later filed a Motion for a New Trial (July 15, 2014) and a supplement (August 19, 2014) to preserve affidavits for the record.
- Counsel indicated Doyle could have testified but did not inform counsel until after sentencing; the motion for a new punishment hearing was made to address this concern.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the court erred by not granting a new punishment hearing | Doyle asserts his constitutional right to testify requires a new punishment hearing | State contends rights to testify are personal and can be waived knowingly/voluntarily; no error in denying new hearing | Remand/ reversal requested; court erred in not granting new punishment hearing |
Key Cases Cited
- Johnson v. State, 120 S.W.3d 10 (Tex.App.-Amarillo 2003) (right to testify arises from Fifth/Sixth Amendments; waiver must be knowing and voluntary)
- Rock v. Arkansas, 483 U.S. 44 (1987) (the right to testify is a fundamental right)
- Emery v. Johnson, 139 F.3d 171 (5th Cir. 1997) (waiver of the right to testify must be knowing and voluntary)