Darrian De'Anthony Davis-Sanders v. State
06-14-00186-CR
| Tex. App. | May 15, 2015Background
- Davis-Sanders appeals four adjudications of guilt in the Sixth Court of Appeals from judgments entered September 25, 2014 in four cases arising from the 336th District Court of Fannin County, Texas.
- State moved to adjudicate guilt based on possession of methamphetamine and a firearm in each case.
- Appellant was sentenced to one sixty-year term and three ten-year terms to be served concurrently.
- Appellant alleges ineffective assistance of counsel for failing to file a motion to suppress the apartment search, the bags containing drugs and firearms, and responses to custodial interrogation.
- Appellant seeks reversal and remand for a suppression hearing and new proceedings on punishment.
- Court jurisdiction is cited under Tex. Code Crim. Proc. §4.03.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Ineffective assistance for failing to move to suppress searches and custodial interrogation. | Davis-Sanders | State | Yes; counsel deficient and prejudiced; suppression reversal warranted |
Key Cases Cited
- Dowthitt v. State, 931 S.W.2d 244 (Tex.Crim.App. 1996) (custody and interrogation standards; involuntariness considerations)
- Hudson v. State, 662 S.W.2d 957 (Tex.Crim.App. 1984) (warrantless searches; scope of protections)
- Illinois v. Rodriguez, 497 U.S. 177 (1980) (voluntary consent and entry into residence)
- Kentucky v. King, 131 S.Ct. 1849 (2011) (expands exigent circumstances; protective sweep boundaries)
- Limon v. State, 340 S.W.3d 753 (Tex.Crim.App. 2011) (four-factor custody framework under Dowthitt for custodial interrogation)
- Valtierra v. State, 310 S.W.3d 442 (Tex.Crim.App. 2010) (consent and scope of search; voluntariness)