Terrance Deering Black v. State
08-12-00338-CR
| Tex. App. | Sep 23, 2015Background
- Terrance Black was convicted of capital murder after the State did not seek the death penalty, and the trial court adjudicated life imprisonment.
- Susan Loper disappeared from Gleneagles Pilates Studio in Plano on April 19, 2011; evidence included blood at the scene, a damaged area, and surveillance/video and tolltag records tracking her SUV.
- A proactive investigation linked Black to Susan through relationships, prior obsessive conduct, timing of the abduction, and proximity of his home to a suspected escape route.
- Investigators recovered Susan’s SUV with substantial blood and DNA evidence; Black’s cell phone data showed movements inconsistent with his sworn statements, and a later Arizona encounter yielded incriminating items.
- The State obtained a first search warrant for Black’s home; a second warrant followed for computers, alleging items related to aggravated kidnapping, and detectives found notes and documents tying Black to the case.
- Black raised an alternative-perpetrator defense (Jayson Hayes) and challenged the suppression rulings, which the appellate court reviewed for evidentiary and constitutional error.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was the first warrant-supported probable cause adequate? | Black argues the affidavit lacked sufficient facts tying him to evidence at his home. | State contends the totality of circumstances supported probable cause. | Probable cause found; affidavit supported warrant. |
| Was the second warrant defective due to deliberate falsehood? | Black claims a false statement tainted probable cause for the second warrant. | State asserts no false statement or reckless disregard; insufficiency shown otherwise. | No false statement established; Franks claim rejected. |
| Was the exclusion of alternative-perpetrator evidence an abuse of discretion? | Black contends evidence of Hayes as an alternative perpetrator was relevant to defense. | State argues nexus lacking and that excludal prevented confusion and prejudice. | No abuse; exclusion within zone of reasoned discretion. |
Key Cases Cited
- State v. McLain, 337 S.W.3d 268 (Tex.Crim.App. 2011) (probable-cause standard for warrants; deference to magistrate's decision)
- Rodriguez v. State, 232 S.W.3d 55 (Tex.Crim.App. 2007) (avoid hyper-technical reading of affidavits; defer to reasonable inferences)
- Robinson v. State, 368 S.W.3d 588 (Tex.App.—Austin 2012) (probable-cause review for warrants; no credibility determinations from four corners)
- Franks v. Delaware, 438 U.S. 154 (1978) (requires a showing of false statements with reckless disregard for truth for exclusion reverseable)
- Jaben v. United States, 381 U.S. 214 (1965) (reliability of informants; deferential evaluation of sources)
- Cates v. State, 120 S.W.3d 352 (Tex.Crim.App. 2003) (Franks framework; four-corners analysis; credibility of affidavit)
- Wiley v. State, 74 S.W.3d 399 (Tex.Crim.App. 2002) (necessity of nexus; dangers of speculation when linking third-party to crime)
- Robinson v. State, 368 S.W.3d 588 (Tex.App.—Austin 2012) (probative nexus and suppression standard in warrant challenges)