Elias, Benjamin
PD-0820-15
| Tex. App. | Nov 3, 2015Background
- Defendant Benjamin Elias was convicted by a jury of DWI after a single‑car accident; sentence: six months jail and $2,000 fine. Appeal affirmed by the Fourth Court of Appeals.
- Elias filed a motion for new trial alleging ineffective assistance of trial counsel for failing to file a pretrial motion to suppress.
- Trial evidence included officer testimony about Elias’s confused condition, admission he had been at a bar, poor performance on field sobriety tests, and breath tests showing BACs of 0.14 and 0.129.
- The Fourth Court of Appeals reviewed the record de novo on the ineffective‑assistance claim and noted the record was undeveloped as to counsel’s motives, presuming strategic reasons for counsel’s choices.
- The court applied Strickland’s two‑prong test (deficient performance and prejudice) and concluded Elias did not show a motion to suppress would have prevailed or that omission likely changed the outcome.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether counsel was ineffective for not filing a pretrial motion to suppress | Elias: counsel’s failure to pursue suppression of evidence from an allegedly illegal arrest was deficient and deprived him of a fair trial | State: failure to file motion was strategic; Elias did not prove a suppressible defect or resulting prejudice | Court: Affirmed — Elias did not overcome presumption of reasonable strategy; record does not show motion to suppress would have succeeded or that outcome probably would differ |
Key Cases Cited
- Ex parte Moore, 395 S.W.3d 152 (Tex. Crim. App. 2013) (reciting Strickland framework and burden on defendant in ineffective‑assistance claims)
- Strickland v. Washington, 466 U.S. 668 (U.S. 1984) (establishing two‑prong test for ineffective assistance: deficient performance and prejudice)
- Jackson v. State, 973 S.W.2d 954 (Tex. Crim. App. 1998) (to prevail on failure‑to‑suppress‑motion claim, defendant must show the motion would have been granted and remaining evidence insufficient)
- Thompson v. State, 9 S.W.3d 808 (Tex. Crim. App. 1999) (noting appellate record often undeveloped to adjudicate ineffective‑assistance claims)