Brandon Johnson Barfield v. State
2013 Tex. App. LEXIS 13493
| Tex. App. | 2013Background
- Barfield appeals his murder conviction after a jury found him guilty and sentenced him to 22.5 years_tenure.
- Investigators found a body in a Houston front yard on Aug 18, 2009; cause of death was gunshot homicide.
- Evidence at Johnson’s home linked to the crime, including belongings and a Honda Element connected to Barfield.
- Cell-tower records and a jailhouse letter were admitted at trial to establish location and alibi; the former was obtained via subpoena, not warrant.
- The State offered the jailhouse letter, authenticated via envelope identifiers and contents matching Barfield’s prior statements; Barfield objected to authentication.
- Jury convicted Barfield of murder; the issues on appeal concern the admissibility of the cell-tower records and the jailhouse letter.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether cell-tower records obtained without a warrant violated the Fourth Amendment | Barfield argues no reasonable expectation of privacy in third-party data | State contends data from third-party provider is not protected when voluntarily disclosed | No Fourth Amendment violation; admission affirmed |
| Whether the jailhouse letter was properly authenticated | Authentication lacking; letter should be excluded | Unique identifiers plus contents aligning with prior statements sufficient | Authentication proper; admission affirmed |
Key Cases Cited
- United States v. Jones, 132 S. Ct. 945 (2012) (GPS tracking on a vehicle distinguished; Fourth Amendment search issue discussed)
- In re Application of the United States for Historical Cell Site Data, 724 F.3d 600 (5th Cir. 2013) (no reasonable expectation of privacy in third-party cell-site data; records obtained by subpoena/third party)
- Mapp v. Ohio, 367 U.S. 643 (1961) (exclusionary rule applies to state prosecutions)
- Smith v. Maryland, 442 U.S. 735 (1979) (no Fourth Amendment protection for data voluntarily conveyed to third parties)
- Katz v. United States, 389 U.S. 347 (1967) (reasonable expectation of privacy governs Fourth Amendment analysis)
- Reporters Comm. for Freedom of the Press v. American Tel. & Tel. Co., 593 F.2d 1030 (D.C. Cir. 1978) (privacy expectations and third-party records doctrina)
- United States v. Forrester, 512 F.2d 500 (9th Cir. 2008) (limitations on third-party records in privacy analysis)
- SEC v. Jerry T. O’Brien, Inc., 467 U.S. 735 (1984) (business-records and government access principles)
- Florida v. Jardines, 133 S. Ct. 1409 (2013) (context of reasonable expectation and trespass-style analysis)