Denita Voluntine Jimerson v. State
12-20-00067-CR
| Tex. App. | Apr 21, 2021Background
- Nov. 26, 2014: Overton PD stopped a black four‑door pickup after an anonymous tip; Officer Hollister asked to search, Jimerson refused, she was arrested for driving without a valid license, the vehicle was impounded and inventoried, and methamphetamine was found in a purse.
- Indicted Apr. 9, 2015; Jimerson filed a pro se motion for a bench warrant (Dec. 16, 2015) requesting transport to Smith County to testify; the court granted a bench warrant Oct. 12, 2016 but it was not executed.
- Jimerson was released / transferred among detention/parole jurisdictions; Smith County holds on her were not enforced and she was not brought to Smith County for years.
- Rearrested and transported to Smith County on July 16, 2019; motion to suppress denied Dec. 5, 2019; speedy‑trial hearing denied Jan. 13, 2020; pleaded guilty Feb. 18, 2020 and sentenced to 15 years.
- Appellate court found ~56 months between arrest and return to Smith County, held the delay presumptively prejudicial, attributed negligence to the State, found Jimerson had asserted her speedy‑trial right, and reversed and rendered dismissal.
Issues
| Issue | Jimerson's Argument | State's Argument | Held |
|---|---|---|---|
| Speedy trial: whether delay violated Sixth Amendment/right to speedy trial | Nearly five‑year delay; she promptly sought transport and a hearing (pro se bench warrant/letters); prejudice presumed because delay was caused by State negligence | She failed to unambiguously assert a speedy‑trial demand (no formal speedy‑trial motion by counsel); delays due to logistics/incarcerations | Court: Violation. Delay was presumptively prejudicial; State negligent; Jimerson asserted right; prejudice presumed; dismissal required |
| Validity of stop/ reasonable suspicion | Stop lacked reasonable suspicion (anonymous tip + officer later admitted he did not observe reckless driving) | Officer observed vehicle on shoulder with hazards and an alleged illegal white light; lawful stop | Not reached (issues preserved but not decided because dismissal on speedy‑trial ground was dispositive) |
| Impound/inventory and warrantless search of vehicle/purse | Impoundment improper (other licensed adult present, vehicle parked at family home); search of purse was unlawful without consent or warrant | Officer impounded and inventoried vehicle after arrest; inventory search yielded contraband | Not reached (same as above) |
| Time‑payment fee (court costs) | Fee unconstitutional / should be deleted from bill of costs | Fee valid as assessed | Not reached (would only affect costs and not dispositive; appellate court awarded maximum relief by dismissing case) |
Key Cases Cited
- Barker v. Wingo, 407 U.S. 514 (U.S. 1972) (establishes four‑factor speedy‑trial balancing test)
- Doggett v. United States, 505 U.S. 647 (U.S. 1992) (presumptive prejudice from extraordinary delay; State negligence may suffice)
- Gonzalez v. State, 435 S.W.3d 801 (Tex. Crim. App. 2014) (threshold for presumptively prejudicial delay and related analysis)
- Cantu v. State, 253 S.W.3d 273 (Tex. Crim. App. 2008) (discusses balancing test and allocation of burdens)
- Balderas v. State, 517 S.W.3d 756 (Tex. Crim. App. 2016) (prejudice burden and when actual prejudice is not required)
- Munoz v. State, 991 S.W.2d 818 (Tex. Crim. App. 1999) (standard of review for speedy‑trial claims)
- Shaw v. State, 117 S.W.3d 883 (Tex. Crim. App. 2003) (presumption of prejudice from lengthy delay)
- Strunk v. United States, 412 U.S. 434 (U.S. 1973) (dismissal is appropriate remedy for speedy‑trial violation)
- Smith v. Hooey, 393 U.S. 374 (U.S. 1969) (state has duty to make diligent efforts to bring prisoner before state court for trial)