425 S.W.3d 332
Tex. App.2011Background
- Castleberry was indicted on four felony counts: two involving sexual assault of a child under seventeen and two involving sexual assault of a child under fourteen.
- He pleaded guilty to the under-seventeen charges without a punishment agreement; the remaining charges were tried by the court after a waiver of jury trial.
- The trial court convicted Castleberry on the two under-fourteen counts after a bench trial and imposed life sentences on those counts and twenty-year terms on the guilty under-seventeen counts.
- Castleberry moved to suppress evidence (the lockbox and its contents) seized in a warrantless search; the motion was denied, and he appeals challenging suppression.
- Castleberry had previously left the lockbox with his young stepdaughter for safekeeping before going overseas; years later, the box was seized and its contents revealed extensive pornographic material involving the victims; Castleberry later was located and extradited to the United States.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Castleberry had standing to challenge the seizure of the lockbox | Castleberry argues the seizure violated privacy interests | State contends Castleberry lacks standing because P. had access to the lockbox | Castleberry lacked standing; suppression denial affirmed |
Key Cases Cited
- Welch v. State, 93 S.W.3d 50 (Tex. Crim. App. 2002) (mutual access to and control defeats privacy expectation)
- United States v. Jacobsen, 466 U.S. 109 (1984) (seizure requires interference with possessory interests)
- Rakas v. Illinois, 439 U.S. 128 (1978) (standing requires legitimate expectation of privacy)
- Villarreal v. State, 935 S.W.2d 134 (Tex. Crim. App. 1996) (accused has standing to challenge evidence obtained by government intrusion only if privacy exists)
- St. George v. State, 237 S.W.3d 720 (Tex. Crim. App. 2007) (review of trial court credibility and factual determinations)
- Guzman v. State, 955 S.W.2d 85 (Tex. Crim. App. 1997) (standard for reviewing historical facts and legal conclusions on suppression)
- Green v. State, 934 S.W.2d 92 (Tex. Crim. App. 1996) (deference to trial court’s rulings on factual questions)