Menefield v. State
Menefield v. State
Opinion of the Court
delivered the opinion of the Court in which
A laboratory report was admitted into evidence, but the analyst who conducted the test and prepared the report did not testify. We hold that the defendant’s trial counsel has not been shown to have performed deficiently in failing to object to the report on Confrontation Clause grounds when the record does not contain counsel’s reasons for failing to object and does not establish whether the analyst could or would have testified if an objection had been lodged.
I. BACKGROUND
Appellant was charged with possessing cocaine in an amount less than one gram. At trial, the State introduced a laboratory report showing that a trace amount of cocaine had been found in a pipe taken from appellant. The sponsoring witness for the report was Brandon Conrad, the manager of the Texas Department of Public Safety laboratory. But the drug testing had been conducted, and the report had been prepared, by Roy Murphy, the previous supervisor of the crime lab. Murphy was never called to testify. The report was the only evidence of appellant’s cocaine possession.
Before the report was admitted, defense counsel questioned Conrad about who conducted the test and what procedure was used. At the conclusion of this questioning, defense counsel stated that he had no objection to the admission of the report. The propriety of defense counsel’s failure to object was not explored at trial, nor was the issue raised in a motion for new trial.
On appeal, appellant contended that defense counsel’s failure to object to the report constituted ineffective assistance. The court of appeals agreed, finding that the report was inadmissible under the Supreme Court’s Confrontation Clause jurisprudence
II. ANALYSIS
In its petition for discretionary review, the State contends that the court of appeals erred in determining that “the record on direct appeal was sufficient to find trial counsel ineffective under Strickland v. Washington
For a claim of ineffective assistance of counsel to succeed, the record must demonstrate both deficient performance by counsel and prejudice suffered by the defendant.
The reason that the laboratory report in this case was inadmissible is that Murphy, its author, had not been called to testify.
We reverse the judgment of the court of appeals and remand this cause to that court to consider appellant’s remaining claims.
. See Melendez-Diaz v. Massachusetts, 557 U.S. 305, 129 S.Ct. 2527, 174 L.Ed.2d 314 (2009).
. Menefield v. State, 343 S.W.3d 553, 555-56 (Tex.App.-Amarillo 2011).
. 466 U.S. 668, 104 S.Ct. 2052, 80 L.Ed.2d 674 (1984).
. Goodspeed v. State, 187 S.W.3d 390, 392 (Tex.Crim.App. 2005).
. Id. (quoting Thompson v. State, 9 S.W.3d 808, 813 (Tex.Crim.App. 1999)).
. Id.
. Id.
. Id. (quoting Rylander v. State, 101 S.W.3d 107, 111 (Tex.Crim.App. 2003)).
. Id. (quoting Garcia v. State, 57 S.W.3d 436, 440 (Tex.Crim.App. 2001)).
.See Melendez-Diaz, 129 S.Ct. at 2532 (When affidavits prepared by drug analysts were admitted at trial, the "petitioner was entitled to be confronted with the analysts at trial.”).
Dissenting Opinion
dissenting.
The only evidence proffered by the State that showed the presence of a controlled substance was a lab report. However, the author of the report, Murphy, was not called to testify. The defense did not object to the admission of the evidence despite the fact that admitting it violated the Confrontation Clause.
The majority does not even consider the court of appeals’ opinion and does not say how the court of appeals erred. Rather, the majority does a de novo review and determines that “perhaps the State could (and with an objection would) have brought Murphy to the courtroom to testify, and counsel realized that cross-examining Murphy would not benefit his client.” Maj. op. at 593. Perhaps the majority is just supposing. In its brief, this is what the State said was the issue with the court of appeals’ opinion:
From this trial record, one could conclude there were legitimate and profes*594 sionally sound reasons for counsel’s conduct. Because the record does not contain specific explanations for counsel’s decisions, the court should not reverse for ineffective assistance of counsel. Under Strickland, the appellant must prove, by a preponderance of the evidence, that there is, in fact, no plausible reason for a specific fact or omission. Appellant has not met his burden of showing that his trial counsel’s decisions were so deficient and so lacking in tactical or strategic decision-making as to overcome the presumption that counsel’s conduct was reasonable and professional. Appellant has failed to prove the first prong of Strickland. Accordingly, the court of appeals erred in finding the appellant’s trial counsel ineffective.
(citations omitted). However, the burden has shifted to the State in this scenario, because the State brought this appeal to us attempting to show that the court of appeals erred. Obviously, the State is nowhere near refuting the court of appeals’ opinion. The court of appeals follows the directive of our opinion in Andrews, which states:
This is a rare case. This is a case in which the appellant has raised a claim of ineffective assistance of counsel on direct appeal and the record is sufficient for us to make a decision on the merits. Because we conclude that the record is sufficient to conclude that counsel’s performance was deficient and that the appellant was prejudiced by counsel’s failure to object to the prosecutor’s misstatement of law, we reverse the judgment of the Court of Appeals and remand for a new punishment hearing.
Andrews v. State, 159 S.W.3d 98, 103-104 (Tex.Crim.App. 2005). The same is true here.
. Defense counsel and the trial court must be oblivious to the rules of evidence regarding business records.
. It looks like the dissenters in Andrews have decided to overrule that case rather than distinguish it from this one.
. The defendant is now going to prison for 12 years for possessing residue of a controlled substance because his attorney apparently was asleep at the wheel. Even if we upheld the court of appeals’ opinion, the State would have been able to retry the defendant. Obviously the defendant’s lawyer allowed his client to get convicted due to his omission.
Reference
- Full Case Name
- Billy Don MENEFIELD, Appellant, v. the STATE of Texas
- Cited By
- 625 cases
- Status
- Published