Ex Parte Martinez
2011 Tex. Crim. App. LEXIS 5
| Tex. Crim. App. | 2011Background
- Applicant Christina Martinez was charged with capital murder as a party to the offense and received life imprisonment.
- Gang-related evidence was admitted at trial over defense objections; State proposed a gang expert on general gang activity and Northside Crips ownership.
- Key trial evidence included Garcia’s testimony, Applicant’s videotaped police interview, and Applicant’s grand jury testimony.
- Twelfth Court of Appeals found trial counsel preserved some objections but erred in its harm analysis; remanded for reconsideration.
- Texas Court of Criminal Appeals reversed the appeals court’s harm ruling, held counsel failed to preserve all objections, and later denied habeas relief.
- In habeas proceedings, the trial court found no ineffective assistance; the intermediate court then denied relief after considering Strickland.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether counsel’s performance was prejudicial under Strickland | Martinez: failure to continue objections harmed defense. | State: evidence would sustain conviction regardless; no reasonable probability of different outcome. | No prejudice; Strickland not satisfied. |
| Whether failure to preserve all gang-evidence objections invalidates conviction | Martinez: objections preserved; error preserved beyond two photos. | State: only some objections preserved; not all gang-evidence episodes preserved. | Not necessary to address under Strickland; record supports no prejudice. |
Key Cases Cited
- Strickland v. Washington, 466 U.S. 668 (U.S. Supreme Court, 1984) (establishes standard for ineffective assistance of counsel)
- Texas ex rel. Ex parte Morrow, 952 S.W.2d 530 (Tex. Crim. App. 1997) (application of Strickland in Texas habeas cases)
- Dawson v. Delaware, 503 U.S. 159 (U.S. Supreme Court, 1992) (contextual relevance of gang evidence and prejudice)
- Johnson v. State, 853 S.W.2d 527 (Tex. Crim. App. 1992) (conspiracy and party-to-offense concepts in Texas law)
- Martinez I, 147 S.W.3d 404 (Tex. App.-Tyler 2001) (initial harm analysis of gang-evidence and preservation)
- Martinez II, 98 S.W.3d 189 (Tex. Crim. App. 2003) (reversed on preservation; remanded for further issues)
- Martinez III, 147 S.W.3d 412 (Tex. App.-Tyler 2004) (appellate affirmance after remand; habeas considerations)