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Simpson v. State

Officers did not violate the defendant's federal and state rights against self-incrimination in requiring him to turn over his bloody clothes for inspection, since the defendant surrendered his clothes voluntarily upon request.

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Appellant Gregory Bernard Simpson appeals from a murder conviction in connection with the stabbing death of Patricia Simmons.1 He asserts, inter alia, that his trial counsel was ineffective for failing to object to the trial court’s admission of his bloodstained clothes without showing a chain of custody. We find no error and affirm. Appellant and Simmons had been involved in a troubled relationship. Simmons was living with appellant and his family when appellant began using cocaine. Simmons moved away, and began living with a close friend, Connie Quinn. During this time, Simmons continued to see appellant, who frequently stayed the night at Quinn’s trailer. As appellant’s cocaine addiction worsened, Simmons demanded that appellant either stop using drugs or stop seeing her. Appellant checked himself into a rehabilitation facility, but left two weeks later. From that point forward, appellant began acting aggressively toward Simmons.

Appellant began going to Quinn’s trailer uninvited, letting himself in against the wishes of Quinn and Simmons. He continued to stay at Quinn’s residence and spent his nights pacing around the trailer, looking through cabinets and drawers, and making noise. During the months preceding Simmons’ murder, both Quinn and Simmons became fearful that appellant would harm them while they slept.

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