Blake Alan Cotton v. State
480 S.W.3d 754
Tex. App.2015Background
- Late at night police responded to a report of a man in A. Mongiello’s backyard and observed a pile of tools behind a neighboring house near a shared alley.
- Officer saw Cotton park three houses from Mongiello’s, get out, and walk toward Mongiello’s house; Cotton initially said he did not live there and then began walking away when the officer approached.
- Officer detained Cotton, checked with Mongiello and the owner of the tool pile, then read Cotton his Miranda warnings; Cotton admitted taking tools to sell as scrap. About 15–20 minutes elapsed from first contact to Miranda warnings.
- Cotton was arrested; five days later he pleaded guilty to burglary of a building and received six months’ jail time.
- Cotton filed a motion for new trial claiming ineffective assistance because counsel failed to file a motion to suppress his statements as the pretrial detention was unlawful; the trial court denied the motion and this appeal followed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether counsel’s failure to file motion to suppress was ineffective assistance | Cotton: counsel failed to advise or file suppression motion; statements would have been suppressed and plea involuntary | State: officer had reasonable suspicion for a brief detention; suppression motion would have failed | Court: No ineffective assistance—stop supported by reasonable suspicion, motion likely would not have succeeded |
Key Cases Cited
- Strickland v. Washington, 466 U.S. 668 (U.S. 1984) (two‑prong test for ineffective assistance of counsel)
- Ford v. State, 158 S.W.3d 488 (Tex. Crim. App. 2005) (reasonable‑suspicion standard for temporary detention)
- Hoag v. State, 728 S.W.2d 375 (Tex. Crim. App. 1987) (officer may briefly stop to maintain status quo while obtaining information)
- Crain v. State, 315 S.W.3d 43 (Tex. Crim. App. 2010) (no reasonable suspicion where officer had no basis to link suspect to crime scene)
- Davis v. State, 783 S.W.2d 313 (Tex. App.—Corpus Christi 1990) (proximity to recent crime late at night can support brief detention)
- Tanner v. State, 228 S.W.3d 852 (Tex. App.—Austin 2007) (circumstances including late hour and evasive behavior support reasonable suspicion)
- Andrews v. State, 159 S.W.3d 98 (Tex. Crim. App. 2005) (burden and standard for proving ineffective assistance)