Legal Opinion · Dissent

Menefield v. State

Court of Criminal Appeals of Texas

Decided April 18, 2012No. PD-1161-11Published

1DissentMeyers, J.

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.1 Appellant appealed his conviction for possession of a controlled substance on the grounds that he received ineffective assistance of counsel. The court of appeals used the correct standard, but could not come up with a strategy that would make sense for why the attorney in this case…

2Cases cited2 opinions

  1. Andrews v. StateCourt of Criminal Appeals of Texas · 2005
  2. Menefield v. State, Texas Court of Appeals, 7th District (Amarillo)2011

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