in Re Benjamin Elias
04-17-00722-CR
| Tex. App. | Nov 2, 2017Background
- Relator Benjamin Elias (TDCJ No. 819778) was convicted of misdemeanor DWI in Bexar County, Cause No. 427052 (trial June 13, 2014); judgment affirmed on direct appeal and PDR refused.
- Elias was on parole for an unrelated offense when the DWI resulted in a parole revocation; he remains confined as a collateral consequence of the misdemeanor.
- Elias filed an application for writ of habeas corpus in the Twelfth County Court of Law, Bexar County on May 16, 2017 (Writ No. 2704); Judge Scott Roberts had not set a hearing or ruled as of filing the mandamus petition.
- Elias sent a certified letter to Judge Roberts (July 31, 2017) inquiring about the habeas application; received no response.
- Elias petitions this court for mandamus relief, arguing statutory violations (Tex. Code Crim. Proc. arts. 11.10–11.11) and multiple constitutional violations (ineffective assistance, speedy-trial, due process, cruel and unusual punishment) stemming from trial counsel’s performance and the court’s inaction.
Issues
| Issue | Plaintiff's Argument (Elias) | Defendant's Argument | Held |
|---|---|---|---|
| Failure to set hearing on habeas application | Judge Roberts has not appointed a time for hearing >150 days after filing, violating Arts. 11.10–11.11; delay prolongs confinement | Respondent did not act/respond in record; no justification presented in petition | No ruling in record — relief requested: order to set hearing or grant habeas (pending) |
| Ineffective assistance of trial counsel | Counsel failed to investigate, failed to file/pursue suppression and speedy-trial motions, gave erroneous advice about statutory exposure, and abandoned advocacy | State/trial record (as summarized) — appellate court previously affirmed; respondent/judge has not rebutted allegations in mandamus petition | No ruling in record — ineffective-assistance claim raised in habeas; relief requested (pending) |
| Suppression of evidence / Miranda violation | Arrest and incriminating onboard/dash-cam statements occurred pre-Miranda; arrest lacked probable cause based on speculation; evidence should have been suppressed | State not presented in petition; trial court admitted evidence and conviction ensued; appellate review found record adequate | No ruling in record — petitioner argues suppression would have changed outcome; relief requested (pending) |
| Speedy trial & pretrial punishment (due process/Eighth Amendment) | Elias was detained pretrial (claimed ~14 months) on a Class B misdemeanor (statutory max 180 days), constituting punishment before adjudication and denial of speedy trial | State/trial court’s docket/cause scheduling and parole revocation practices not defended in petition | No ruling in record — petitioner seeks relief (dismissal or habeas relief); matter unresolved in record |
Key Cases Cited
- Strickland v. Washington, 466 U.S. 668 (1984) (two-part test for ineffective assistance: deficient performance and prejudice)
- United States v. Cronic, 466 U.S. 648 (1984) (failure to subject prosecution to meaningful adversarial testing can make result presumptively unreliable)
- Barker v. Wingo, 407 U.S. 514 (1972) (four-factor balancing test for speedy-trial claims)
- Ex parte Lilly, 656 S.W.2d 490 (Tex. Crim. App. 1983) (counsel has duty to investigate and interview witnesses)
- Kuciamba v. State, 310 S.W.3d 460 (Tex. Crim. App. 2010) (temporal link required between accident and officer arrival for DWI evidence)
- State v. Duran, 395 S.W.3d 563 (Tex. Crim. App. 2013) (review of warrantless arrest considers only facts known at inception of stop)
- Amores v. State, 816 S.W.2d 407 (Tex. Crim. App. 1991) (later-acquired facts cannot bolster probable cause at time of arrest)
- Black v. State, 352 S.W.3d 626 (Tex. Crim. App. 2011) (pretrial suppression motion may be revisited during trial under Rule 104)
- Meadows v. State, 325 S.W.3d 189 (Tex. Crim. App. 2010) (framework for proportionality analysis under Eighth Amendment)