Everett O'Neal Majors v. State, 05-14-00527-CR

Majors convicted after jury trial of possession of marijuana (5 pounds or less but more than four ounces) and possession with intent to deliver cocaine (4–200 grams), with a deadly weapon finding for each offense.
No-knock warrant executed July 24, 2013 at a Dallas house; police breached doors and found drugs, ammunition, and weapons in various locations.
Majors pled guilty to marijuana and not guilty to cocaine; jury convicted cocaine offense and found deadly weapon enhancements; sentences were 49 years (cocaine) and 25 years (marijuana).
Weapons and drugs were found in a duffle bag outside the house and within the home; evidence showed the house as a drug operation site; initial arrest occurred in kitchen area.
Appellant challenged Batson ruling, ineffective assistance claim, and sufficiency of the evidence for the cocaine possession with intent and deadly weapon findings.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Batson challenge upheld?	Majors argues State used peremptory strikes discriminatorily.	State contends strikes were race-neutral reasons supported by voir dire.	Batson challenge overruled; no intentional discrimination proven.
Ineffective assistance for not moving to suppress cell-phone search?	Counsel's performance deficient; failure to suppress photos from phone.	Record insufficient to show deficient performance; Riley v. California issued after trial.	No ineffective assistance; record silent and law unsettled at time of trial.
Sufficiency of evidence of possession with intent to deliver cocaine	Presence plus proximity to drugs indicates possession with intent to deliver.	Appellant's mere presence insufficient.	Sufficient evidence to support possession with intent to deliver.
Sufficiency of evidence for deadly-weapon findings	Weapons outside house could still be linked to the offenses.	Weapons not within appellant’s immediate control at time of offense.	Sufficient evidence to support armed-with-drugs finding.

Blackman v. State, 414 S.W.3d 757 (Tex. Crim. App. 2013) (great deference to trial court on Batson rulings; clear error standard)
Herron v. State, 86 S.W.3d 621 (Tex. Crim. App. 2002) (Batson framework steps and standard)
Davis v. State, 329 S.W.3d 798 (Tex. Crim. App. 2010) (review of Batson for abuse of discretion; whole-record approach)
Purkett v. Elem, 514 U.S. 765 (1995) (race-neutral explanations sufficient absent discriminatory intent)
Guzman v. State, 85 S.W.3d 242 (Tex. Crim. App. 2002) (discrimination-neutral explanations ensure step-two validity)
J.E.B. v. Alabama ex rel. T.B., 511 U.S. 127 (1994) (prohibits peremptory challenges based on sex)
Batson v. Kentucky, 476 U.S. 79 (1986) (establishes race-based peremptory-strike prohibition)
Riley v. California, 134 S. Ct. 2473 (2014) (cell-phone search incident to arrest; warrants generally required for data)
Coleman v. State, 145 S.W.3d 649 (Tex. Crim. App. 2004) (use of weapons to facilitate a felony includes possession context)
Evans v. State, 202 S.W.3d 158 (Tex. Crim. App. 2006) (possession and intent factors for drug cases)
Taylor v. State, 106 S.W.3d 827 (Tex. App.—Dallas 2003) (possession factors can prove knowledge of contraband)