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Hooks v. State3/7/2001
t to support the verdict.
The courts of appeals are constitutionally empowered to review the judgment of the trial court to determine the factual sufficiency of the evidence used to establish the elements of an offense. Johnson v. State, 23 S.W.3d at 6. In determining factual sufficiency, we view all the evidence in a neutral light and set aside the verdict only if it is so contrary to the overwhelming weight of the evidence as to be clearly wrong and unjust. Id. at 7 (quoting Clewis v. State, 922 S.W.2d at 129); Hines v. State, 978 S.W.2d at 172. We review the evidence weighed by the jury that tends to prove the facts in dispute and compare it with the evidence that tends to disprove those facts. In conducting a factual sufficiency review, we have the authority to disagree with the fact finder's determination. Our review must be appropriately deferential to avoid substituting our judgment for that of the fact finder. Hines v. State, 978 S.W.2d at 172. Our evaluation should not intrude on the fact finder's role as the sole judge of the weight and credibility given to witness testimony.
The appropriate scope of a criminal factual sufficiency review encompasses both formulations used in civil jurisprudence. Johnson v. State, 23 S.W.3d at 11. The evidence is factually insufficient if it is so weak as to be clearly wrong and manifestly unjust, or if the finding is against the great weight and preponderance of the evidence. The complete and correct standard this Court must follow in conducting a factual sufficiency review of the elements of a criminal offense asks whether a neutral review of all the evidence, both for and against the finding, demonstrates that the proof of guilt is so obviously weak as to undermine confidence in the jury's determination, or the proof of guilt, although adequate if taken alone, is greatly outweighed by contrary proof.
We cannot say that a neutral review of the evidence shows that it is so weak as to undermine confidence in the jury's determination, and we find no contrary proof that greatly outweighs the evidence supporting the jury verdict. Hooks' sufficiency challenge relies extensively on his own account that he provided to police the evening of the accident, giving his view of what transpired, as well as an attack on the relevance and reliability of Officer Hitt's testimony.
Hooks contends that his handwritten and videotaped statements constitute exculpatory evidence the State failed to rebut. In both of his statements, Hooks told the interrogating officer that "someone appeared in front of my truck and threw up their hands" and that he had "little or no time to stop."
As discussed earlier, however, there is substantial circumstantial evidence indicating that Hooks' truck did veer off of the roadway and strike Carney. Moreover, Dr. Robert Palmer, a physician and board- certified pathologist, opined that Carney was struck from behind. Dr. Palmer testified that upon examination, Carney exhibited a severe deformity in the thoracic portion of his spine. Further, Dr. Palmer testified that the nature of the deformity suggested "that a blunt force trauma of a very good nature hit that part of the thoracic spine to push it [forward] and actually fracture it." Additionally, Dr. Palmer opined that the compound fracture in Carney's left lower leg, as well as the multiple posterior rib fractures he suffered, indicated that Hooks' truck struck Carney in the back. Although Carney also sustained extensive injuries to the right side of his head and neck, as well as lacerations on his forehead, according to Dr. Palmer these injuries were probably sustained when Carney's head contacted the hood and windshield of the truck after the initial i
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