Ross Allen Hartwell v. State
13-14-00087-CR
| Tex. App. | Jun 11, 2015Background
- Hartwell appeals after conviction in the 13th Court of Appeals transfer from the Third Court of Appeals; Appellant’s Reply Brief filed June 2015 by counsel Paul M. Evans.
- Appellant challenges jury selection, focusing on Juror Rodriguez and bias toward graphic evidence.
- Trial strategy involved removing any juror who could not be fair under graphic-evidence presentation, per voir dire record.
- Five panelists who agreed with Rodriguez were discharged after challenges for cause, with the court acknowledging rulings per Tex. Crim. Proc. art. 35.21.
- State argued Rodriguez was not subject to a challenge for cause; Appellant contends Rodriguez showed bias impaired by oath and fairness.
- Appellant prays for reversal and remand for a new trial, emphasizing the record supports a finding of deficient counsel.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was Rodriguez properly challengeable for cause due to bias? | Hartwell argues Rodriguez showed bias that prevented fair deliberation. | Hartwell contends Rodriguez's bias warranted a cause challenge and removal. | Not determinable from excerpt. |
| Did counsel's performance prove deficient regarding jury issue and enhancement validity? | Hartwell asserts trial counsel failed to adequately research enhancement paragraph. | State disputes deficiency; cites strategy and record. | Not determinable from excerpt. |
Key Cases Cited
- Jackson v. State, 877 S.W.2d 768 (Tex.Crim.App. 1994) (juror bias and challenges for cause discussed)
- Robinson v. State, 16 S.W.3d 808 (Tex.Crim.App. 2000) (record on direct appeal supports counsel’s deficiencies claim)
- Thompson v. State, 9 S.W.3d 808 (Tex.Crim.App. 1999) (standards for reviewing ineffective assistance)