Manuel v. State
357 S.W.3d 66
Tex. App.2011Background
- Appellant Harmon Lee Manuel II was charged with stalking C.L.L., sister of a friend, over about three years across three states.
- Indictment listed four stalking allegations: threats to publish C.L.L.’s information online, repeated threatening calls, electronic threats, and death threats.
- Trial was a bench trial, resulting in a six-year prison sentence for stalking.
- C.L.L. testified to a pattern of proximity-based contact, constant calls, voicemails, texts, and MySpace communications dating back to 2003.
- Evidence showed phone number and voice recognition linking communications to Appellant, along with a restraining order obtained by C.L.L.
- Appellant appeals raising multiple issues, including Sixth Amendment fairness, ineffective assistance, evidentiary rulings, sufficiency, statute constitutionality, and disproportionality.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Fair trial and counsel advocacy | Manuel argues counsel’s conduct denied advocacy per Cronic. | Manuel contends trial counsel failed to act as an advocate, biasing the trial. | Issue overruled; no constructive denial of counsel shown. |
| Ineffective assistance of counsel | Manuel asserts Strickland-based ineffectiveness due to counsel’s actions. | Manuel argues counsel’s performance fell below professional norms. | Issue overruled; record insufficient to prove deficient performance. |
| Admissibility of electronic evidence | Exhibits linking Appellant to texts/photos were improperly admitted as unreliable. | Exhibits were probative for identity and relevance under Rule 901 and authentication principles. | Issue overruled; trial court did not abuse discretion admitting the exhibits. |
| Evidentiary sufficiency | Insufficient linkage of electronic communications to Appellant challenges conviction. | Pattern of threatening communications and testimony support conviction beyond reasonable doubt. | Issue overruled; reasonable juror could find all elements proven. |
| Constitutionality of stalking statute as applied | Stalking statute alleged to require physical proximity via 'following' and be unconstitutional as applied. | Text messages and non-physical conduct fit the statute’s scope; 'following' is not an element. | Issue overruled; following is not an element; statute applied constitutionally. |
Key Cases Cited
- United States v. Cronic, 466 U.S. 648 (U.S. Supreme Court 1984) (constructive denial of counsel requires advocate role)
- Bell v. Cone, 535 U.S. 685 (U.S. Supreme Court 2002) (absolute failure to test prosecution requires prejudice; partial failures assessed under Strickland)
- Strickland v. Washington, 466 U.S. 668 (U.S. Supreme Court 1984) (two-prong test for ineffective assistance; reasonableness and prejudice)
- McMann v. Richardson, 397 U.S. 759 (U.S. Supreme Court 1970) (effective counsel standard requirement)
- Jackson v. State, 877 S.W.2d 768 (Tex.Crim.App. 1994) (strong presumption of effectiveness; record-focused review)
- Brooks v. State, 323 S.W.3d 893 (Tex.Crim.App. 2010) (single sufficiency standard; Jackson v. Virginia framework)
- Rummel v. Estelle, 445 U.S. 263 (U.S. Supreme Court 1980) (proportionality standards in punishment)
- Harmelin v. Michigan, 501 U.S. 957 (U.S. Supreme Court 1991) (Eighth Amendment proportionality considerations)
- Sotomayor v. Soto, 2007 WL 4214899 (Tex.App.-El Paso 2007) (following not required element of stalking)