Marcus Donel Polley v. State
12-15-00041-CR
| Tex. Crim. App. | Aug 12, 2015Background
- Polley was convicted of driving while intoxicated (DWI) and possession of marijuana following blood testing that showed PCP in his system.
- October 10, 2013, Curl encountered Polley driving onto his lawn and Polley pointed what appeared to be a handgun before speeding away after a collision.
- Police located Polley in a damaged vehicle shortly after, and obtained his consent to search the vehicle.
- A bag containing marijuana was found in the rear passenger floorboard during the search, and officers later arrested Polley.
- Officers detected PCP-related indicators (odor, lethargy, suspected nystagmus) and sought a blood sample; Polley initially refused but a warrant was obtained and a blood draw was performed.
- The State introduced the blood test results (PCP positive) along with other evidence to convict Polley; he appealed alleging ineffective assistance of counsel.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Ineffective assistance for warrant process | Polley argues trial counsel failed to challenge how the blood warrant was obtained. | Polley contends counsel should have objected that the warrant was not properly produced at trial. | No reversible error; no prejudice shown. |
| Ineffective assistance regarding marijuana possession evidence | Polley argues counsel should have objected to the State’s theory that he knowingly possessed marijuana. | Polley contends the evidence and closing argument were improperly supportive of intent. | No reversible error; arguments and evidence support possession without deficient performance. |
Key Cases Cited
- Strickland v. Washington, 466 U.S. 668 (U.S. 1984) (two-prong standard for ineffective assistance of counsel)
- Jackson v. State, 877 S.W.2d 768 (Tex. Crim. App. 1994) (strong presumption of effectiveness; burden on defendant)
- Kemp v. State, 892 S.W.2d 112 (Tex. App.–Houston [1st Dist.] 1994) (trial strategy presumption; cited for defense counsel’s decisions)
- Clay v. State, 391 S.W.3d 94 (Tex. Crim. App. 2013) (memorialization of warrants via faxed affidavit satisfactory under Art. 18.01(b))
- Brown v. State, 911 S.W.2d 744 (Tex. Crim. App. 1995) (factors linking defendant to contraband; totality of evidence)
- Bone v. State, 77 S.W.3d 828 (Tex. Crim. App. 2002) (requirement to show prejudice from ineffective assistance)