Justin Michael Lowe v. State
11-15-00094-CR
| Tex. App. | Apr 28, 2017Background
- Justin Michael Lowe was arrested after his 21-month-old son, J.B.L., suffered catastrophic brain injuries on April 18, 2012, later dying July 7; medical testimony indicated injuries from rotational force consistent with severe shaking/hitting, not a simple fall.
- Lowe gave multiple inconsistent statements: initially said the child fell; later admitted spanking and forceful handling to DPS and to a CPS investigator (Jennifer Gibson). He was indicted for capital murder and convicted of the lesser-included offense of felony murder; sentenced to 99 years.
- Lowe was continuously incarcerated from his May 3, 2012 arrest through trial on April 6, 2015 (about 35 months). The case had multiple resets; the State attributed some delay to a missing interview video, Brady issues, and an unavailable medical witness.
- Trial counsel obtained funds for an expert and questioned State medical witnesses and called two treating physicians, but did not call an additional medical expert Lowe now faults counsel for not presenting.
- Lowe moved to dismiss for violation of the speedy-trial right and moved to suppress statements made to CPS investigator Gibson on Miranda/Article 38.22 grounds; the trial court denied both motions and admitted the statements.
Issues
| Issue | Lowe's Argument | State's Argument | Held |
|---|---|---|---|
| Ineffective assistance of counsel for not calling medical expert witnesses | Trial counsel was deficient for failing to present a medical expert to develop three defensive theories (prior injury, accidental fall, premature hospice transfer) and this likely affected the outcome | Counsel reasonably pursued strategy: cross-examined State experts, called two treating doctors, and requested funds for an expert; record is silent on strategy so presumption of competence applies | Affirmed — no Strickland relief; appellate record insufficient to show deficient performance or prejudice |
| Speedy-trial violation (35-month delay) | Delay from arrest to trial was presumptively prejudicial; Lowe argued dismissal warranted | Delay attributable to neutral or valid reasons (missing interview video, Brady disclosure, unavailable witness); Lowe waited 32 months to assert the right and sought dismissal rather than an expedited trial; minimal demonstrated prejudice | Affirmed — Barker factors weighed against finding a Sixth Amendment violation |
| Suppression of statements to CPS investigator (Miranda / art. 38.22) | Gibson acted as law-enforcement agent; her jail interview was custodial interrogation requiring Miranda/Article 38.22 warnings, so statements should be suppressed | Gibson was a CPS investigator working on child-safety/placement (a parallel path), not acting at police direction; she did not receive Miranda-type instructions from police and was not their agent | Affirmed — Gibson was not a law-enforcement agent for custodial-interrogation purposes; statements admissible |
Key Cases Cited
- Strickland v. Washington, 466 U.S. 668 (establishes two-prong ineffective-assistance standard)
- Barker v. Wingo, 407 U.S. 514 (sets four-factor speedy-trial balancing test)
- Doggett v. United States, 505 U.S. 647 (addresses presumptive prejudice from lengthy delay)
- Wilkerson v. State, 173 S.W.3d 521 (Tex. Crim. App.) (tests when CPS workers act as law-enforcement agents for Miranda purposes)
- Cantu v. State, 253 S.W.3d 273 (Tex. Crim. App.) (addresses burdens and analysis for speedy-trial claims)
- Gonzales v. State, 435 S.W.3d 801 (Tex. Crim. App.) (speedy-trial analysis guidance)