Blackshear v. Texas (Original)
Annotate this CaseAppellant George Blackshear was charged with possession of a controlled substance enhanced by two prior convictions for state-jail felonies. The guilt phase of the trial consisted of approximately three hours of testimony from five witnesses. After deliberating for approximately an hour and a half, the jury returned a guilty verdict. During the punishment phase, the State presented no new witnesses, and appellant stipulated to ten prior convictions. After an hour of deliberation, the jury was released for the day. The following morning, after two additional hours of deliberation, the jury informed the trial judge that they were unable to reach a verdict on punishment. The trial judge granted appellant's motion for a mistrial as to the punishment phase and informed the parties that the retrial on punishment would commence later that same day. Appellant's defense counsel stated on the record, "it's my understanding that I should ask for a continuance based on the fact that I do not have a copy of the transcript from the prior trial, and it would be ineffective assistance of counsel without having it, unless she can make it at lunchtime, a copy of the transcript to refer to the testimony." The court denied the "motion." After a new trial on punishment, appellant was sentenced to eight years in prison. On appeal, he claimed that the trial judge erred in denying his motion for a continuance. The Fourteenth Court of Appeals, finding that, because the State presented the same witnesses at retrial on the punishment as it presented at the guilt phase of the first trial, the defense could have used the transcript from the first trial to impeach those witnesses on retrial. As a result, the court concluded that the State had failed to rebut the presumption that a defendant needs a transcript of prior mistrials to mount an effective defense. Upon review of the trial court record, the Supreme Court concluded that because the alleged error was not properly preserved, the court of appeals erred in reversing the judgment of the trial court.
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