Black v. State
358 S.W.3d 823
Tex. App.2012Background
- Jury convicted Black of possession of 4+ grams and <200 grams methamphetamine with intent to deliver; sentenced to 40 years.
- Police executed a warrant at the Feagleys' apartment after a bounty-hunter tip; Black was present there with John Owens.
- Plain-view drugs and paraphernalia were observed; Laci Feagley consented to search; items including Appellant's laptop bag and glasses case were found.
- Baggies of meth in the glasses case and 1.28 grams by a chair were linked to Black; his identification was in the laptop bag.
- Police found and later searched Black’s cell phone with a warrant; text messages and photos suggesting drug activity were recovered.
- Appellant challenged suppression of the contraband and cell-phone data; trial court denied relief; appellate review followed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the contraband search was properly suppressed | Black argues lack of nexus; accomplice testimony unreliable | Black contends Fourth Amendment bars the evidence | Denied; evidence supported nexus and suppression denied |
| Whether laptop bag contents were admissible | Consent and chain-of-custody issues bar admission | No reversible error; other evidence supported admission | Denied; admission harmless due to corroboration and other testimony |
| Whether cell-phone text messages were admissible as hearsay | Messages are non-identifiable and unreliable hearsay | Text messages admissible to show nexus to drugs | Admissibility was error but harmless; ruled nonconstitutional error not affecting substantial rights |
| Whether there was sufficient nexus to convict Black on the sixteen grams in the glasses case | Appellant controlled and knew it was contraband | Nexus weak due to location in apartment and absence of direct link to Black | Sufficient evidence; nexus established beyond fortuity |
| Whether the State showed affirmative link between Black and contraband despite location outside his control | Glasses case and notes tied to Black; testimony from Owens and Laci | Reliance on accomplice testimony alone insufficient | Affirmative link established; conviction affirmed |
Key Cases Cited
- Amador v. State, 221 S.W.3d 666 (Tex. Crim. App. 2007) (bifurcated standard for suppression review; credibility matters)
- King v. State, 953 S.W.2d 266 (Tex. Crim. App. 1997) (standard for reviewing suppression and evidentiary rulings)
- Poindexter v. State, 153 S.W.3d 402 (Tex. Crim. App. 2005) (requirements for corroboration and possession evidence)
- Solomon v. State, 49 S.W.3d 356 (Tex. Crim. App. 2001) (harmless error standard under Rule 44.2(b) framework)
- Wilson v. State, 311 S.W.3d 452 (Tex. Crim. App. 2010) (preservation and standard for appellate review of objections)