Walter Louis Jackson Junior v. State
14-15-00244-CR
| Tex. App. | Dec 16, 2015Background
- Walter Louis Jackson Jr. was convicted by a jury of four counts of possession with intent to distribute controlled substances after police obtained and executed search warrants for his apartment and a detached garage; he was sentenced to 45 years and a $10,000 fine.
- Investigation included confidential informant tips, surveillance showing Jackson coming and going from the apartment and garage, a traffic stop that recovered cash and pills after a canine alert, and multiple witnesses (including girlfriend Laura Cline) who tied Jackson to the drugs.
- On October 24, 2012, a narcotics-detection canine sniffed both the apartment breezeway/doorway and the detached garage and alerted; search warrants were signed and executed that same day; contraband (cocaine, opioids, ecstasy, scales, large pill bottles, cash, paperwork with Jackson’s name) was recovered from both locations.
- Jackson moved to suppress evidence, arguing the dog sniffs violated Jardines (illegal search of the curtilage) and that the affidavits lacked probable cause; the trial court denied suppression for the apartment and garage but suppressed evidence from a warrantless traffic search (not appealed by State).
- On appeal Jackson raised seven points (dog sniff/Jardines, warrant affidavits insufficient, failure to affirmatively link defendant to drugs, ineffective assistance of counsel, Brady/spoliation claims, undisclosed leniency agreements, and denial of mistrial); the State’s brief defends denial of suppression, sufficiency, and rejects the other claims.
Issues
| Issue | Plaintiff's Argument (Jackson) | Defendant's Argument (State) | Held (trial court / State position) |
|---|---|---|---|
| Legality of canine sniffs (Jardines) | Dog sniff at apartment doorway and garage invaded curtilage and was an illegal search under Jardines | Sniffs occurred in non-curtilage common area (breezeway) and a detached garage; even if Jardines applied, officers acted in good-faith reliance on extant precedent so exclusion should not apply | Trial court denied suppression — sniff not within curtilage (garage clearly detached; apartment doorway on common breezeway) and State urges good-faith exception if needed |
| Probable cause in warrant affidavits | Affidavits inadequate to show fair probability contraband was at specified locations | Affidavits contained multiple corroborated sources: CI tips, surveillance, prior arrestees naming Jackson, traffic stop results, dog alerts, and other police investigation—sufficient under Gates totality-of-circumstances | Trial court found affidavits sufficient; State argues probable cause stands even if canine alerts excised |
| Affirmative link to possession | Jackson lacked exclusive possession; evidence insufficient to link him to contraband found in shared residence/garage | Multiple affirmative links: surveillance of Jackson entering/leaving, remote/garage access, large quantities, scales, paperwork with his name, Cline’s testimony that drugs were his | State contends evidence legally sufficient; trial court and jury convicted Jackson |
| Ineffective assistance / Brady / mistrial | Counsel failed to pursue informant disclosure, spoliation, new trial; alleged undisclosed leniency to Cline; mistrial required for prior-record remark | Record lacks proof of deficient strategy or prejudice, CI played limited role, no showing evidence was withheld/destroyed or material, Cline’s plea/agreement was on the record and jury was instructed to disregard the stray remark about prior record | State argues appellate record fails to establish ineffective assistance or Brady violation; trial court denied mistrial and gave curative instruction |
Key Cases Cited
- Florida v. Jardines, 133 S. Ct. 1409 (U.S. 2013) (canine sniff on front porch that invades curtilage constitutes a search)
- Illinois v. Gates, 462 U.S. 213 (U.S. 1983) (probable cause in warrant affidavits judged by totality of the circumstances)
- United States v. Leon, 468 U.S. 897 (U.S. 1984) (good-faith exception to exclusionary rule for warrant reliance)
- Florida v. Harris, 133 S. Ct. 1050 (U.S. 2013) (reliability of dog alerts can contribute to probable cause)
- McLain v. State, 337 S.W.3d 268 (Tex. Crim. App. 2011) (review of magistrate probable-cause determination is deferential under Gates)
- Poindexter v. State, 153 S.W.3d 402 (Tex. Crim. App. 2005) (elements and affirmative-link rubric for constructive possession)
- Jackson v. Virginia, 443 U.S. 307 (U.S. 1979) (legal-sufficiency standard—whether any rational trier of fact could find guilt beyond a reasonable doubt)
- Strickland v. Washington, 466 U.S. 668 (U.S. 1984) (two-prong ineffective-assistance standard: deficient performance and prejudice)