Larry Joe Jones v. State
06-15-00124-CR
Tex. App.Oct 7, 2016Background
- Defendant Larry Joe Jones fled from DPS Trooper Kurt Kelm in a vehicle; his car collided violently with the Watsons’ vehicle, injuring a two-year-old; Jones was charged with and convicted of evading arrest with a vehicle, enhancement alleged, and a deadly-weapon finding was made; sentence 75 years.
- Case tried to a jury; after verdict Jones moved for mistrial, new trial, and asserted ineffective assistance of counsel for counsel advising him not to testify.
- During deliberations, juror Margaret Appleton disclosed she was the obstetrician for the State’s punishment witness, Shara Watson; she stated the relationship was not close and she could be impartial.
- The State filed separate written notice seeking a deadly-weapon finding three weeks before jury selection.
- Jones’ motion for new trial was filed 43 days after sentencing and was not shown to have been presented to the trial court within the required presentment period.
Issues
| Issue | Plaintiff's Argument (Jones) | Defendant's Argument (State) | Held |
|---|---|---|---|
| Whether mistrial required for juror nondisclosure | Appleton’s prior relationship with witness (obstetrician) created bias; failure to disclose during voir dire was material | Appleton’s connection was distant, she promptly disclosed and assured impartiality, no intentional concealment | No mistrial; trial court did not abuse discretion |
| Whether deadly-weapon finding lacked proper notice | Finding improper because indictment did not allege deadly-weapon use | Separate written notice properly filed before trial satisfies notice requirement | Notice adequate; deadly-weapon finding permitted |
| Whether new trial or hearing required on motion for new trial | Trial court erred by denying new trial without hearing | Motion was untimely and not presented to the court; thus no entitlement to hearing | Motion was untimely and unpresented; denial proper |
| Whether counsel was ineffective for preventing defendant testifying | Counsel improperly pressured Jones not to testify, depriving him of right to testify | Counsel advised against testifying after counseling; Jones voluntarily agreed; advice was reasonable strategy | No ineffective assistance; counsel’s advice was reasonable and not deficient |
Key Cases Cited
- Von January v. State, 576 S.W.2d 43 (Tex. Crim. App. 1978) (juror nondisclosure may require new trial if material and knowingly withheld)
- Salazar v. State, 562 S.W.2d 480 (Tex. Crim. App. 1978) (juror’s knowing concealment of material bias mandates new trial)
- Decker v. State, 717 S.W.2d 903 (Tex. Crim. App. 1986) (distant or nonmaterial juror connections that are promptly disclosed and accompanied by assurances of fairness do not require mistrial)
- Ex parte Patterson, 740 S.W.2d 766 (Tex. Crim. App. 1987) (deadly-weapon notice must be given in indictment or by separate written notice)
- Strickland v. Washington, 466 U.S. 668 (U.S. 1984) (two-prong standard for ineffective assistance of counsel)
- Ladd v. State, 3 S.W.3d 547 (Tex. Crim. App. 1999) (mistrial standard and abuse-of-discretion review)
- Franklin v. State, 12 S.W.3d 473 (Tex. Crim. App. 2000) (materiality of juror relationship in sexual assault context)