Paul Wayne Harris v. State
14-14-00514-CR
Tex. App.Mar 23, 2015Background
- Paul Wayne Harris was tried for aggravated assault with a deadly weapon; jury found him guilty and assessed 18 years’ confinement and an $8,000 fine.
- Prosecution's key witness was Tiffany Harris, who reported Harris threatened her with a silver handgun; police responded to her apartment after a 911 call.
- Tiffany had multiple protective orders against Harris but admitted on cross-examination she had permitted or encouraged many contacts with him while orders existed and had received victim compensation/moving assistance.
- Defense theory at trial: Tiffany fabricated or orchestrated accusations out of anger; defense elicited testimony to impeach her credibility and highlighted lack of physical evidence tying a gun to Harris.
- Appellant’s appellate complaint: trial counsel was ineffective for failing to object to a continuing pattern of errors during trial and closing argument, and that this failure prejudiced the defense.
- The State’s brief argues the record does not rebut the presumption of effective assistance, trial counsel pursued a coherent strategy, and appellant failed to show prejudice or provide an adequate record or briefing.
Issues
| Issue | Appellant's Argument | State's Argument | Held |
|---|---|---|---|
| Whether trial counsel was ineffective for failing to object to numerous trial occurrences | Harris contends counsel should have objected at multiple points; cumulative failures made representation ineffective | State contends the record shows counsel pursued a coherent strategy (attack complainant credibility), elicited needed facts despite rulings, and the record is undeveloped regarding strategic reasons for any non‑objections | State argues the point is unproven; absent a developed record appellant cannot show deficient performance |
| Whether any alleged ineffectiveness prejudiced the outcome | Harris claims the purported failures prejudiced his trial result | State says appellant failed to brief or cite record showing prejudice and thus waived the issue; even on merits no showing of reasonable probability of a different outcome | State argues prejudice not established; point should be overruled and conviction affirmed |
Key Cases Cited
- Strickland v. Washington, 466 U.S. 668 (establishes two‑prong ineffective assistance standard requiring deficient performance and prejudice)
- Salinas v. State, 163 S.W.3d 734 (Tex. Crim. App. 2005) (presumption of reasonable professional assistance; claims must be firmly founded in the record)
- Chambers v. State, 903 S.W.2d 21 (Tex. Crim. App. 1995) (on direct appeal undeveloped record does not overcome presumption of effective assistance)
- Jackson v. State, 877 S.W.2d 768 (Tex. Crim. App. 1994) (no reversal when record lacks evidence to rebut presumption of effective counsel)
- Rhoades v. State, 934 S.W.2d 113 (Tex. Crim. App. 1996) (appellate briefing and record requirements for claims)
- Nejnaoui v. State, 44 S.W.3d 111 (Tex. App.—Houston [14th Dist.] 2001) (need to cite legal authority and develop argument on appeal)
