Strickland v. State

Full title: DAVID MALCOLM STRICKLAND, Appellant, v. THE STATE OF TEXAS, Appellee.


NUMBER 13-16-00701-CR

Date published: Jan 23, 2020


By twenty-seven issues, appellant David Malcolm Strickland challenges his conviction for capital murder, a first-degree felony. See TEX. PENAL CODE ANN. ยง 19.03. Strickland alleges: (1) his conviction is void because the assistant district attorney’s bar license was suspended during his trial; (2, 3) the evidence was insufficient to support a conviction for capital murder; (4, 5, 6) the State destroyed ballistics evidence, thereby  denying him due process of law, effective assistance of counsel, and the right to cross-examine witnesses against him; (7) the State was obligated to correct false testimony of its ballistic expert; (8, 22, 23) the State denied him due process when it failed to provide all of the chain of custody documents relating to a pubic hair found on one of the complainant’s clothing; (9) the indictment failed to charge capital murder in paragraph one; (10, 11) the trial court deprived him of his right to present a complete defense regarding an alternate suspect; (12) the trial court abused its discretion by refusing to admit videos on hearsay grounds; (13, 14) the trial court denied him compulsory process by issuing a faulty long-arm subpoena; (15, 16) the search warrant for his home was an illegal general warrant; (17) his motions to suppress the search warrants were incorrectly denied; (18) the trial court’s response to a jury note was misleading about the ballistics testimony; (19) he was unfairly prejudiced by the actions of the complainant during trial and her negative remarks to the jurors; (20, 21) the trial court abused its discretion by failing to suppress evidence obtained during the warrantless seizure of his gun; (24, 25) he was denied due process when the State failed to execute the trial court’s order to test the hair from the complainant’s clothing; (26) the trial court abused its discretion in denying his motion for new trial; and (27) this Court erred by denying the motion to abate the appeal for consideration of newly discovered evidence after trial. We affirm.



We affirm the judgment of the trial court.

Having found the evidence sufficient to support the conviction, we deny Strickland’s “Motion to Reverse and Render Based Upon Insufficient Evidence and to Vacate the Conviction and Seek Immediate Release” filed with this Court on October 26, 2018.

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