 |
 |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|
|
|
|
Redmond v. State11/8/2000
e was transported under guard even after the interrogation ceased. As Redmond was not in custody when she was questioned, the trial court did not err in denying the appellant's motion to suppress the statements. Issue three is overruled.
Issue four inquires, "Did the trial court err in failing to permit Appellant to impeach the testimony of the witness Pearson about his bias?" Redmond sought to impeach Pearson with a probated misdemeanor conviction for driving while intoxicated in which a motion to revoke community supervision was pending, and a pending assault charge. Outside the presence of the jury, Pearson testified that his probation had been revoked but he had not yet been sentenced, and that the "assault charge" was an allegation in the revocation motion. According to Pearson, there was a plea bargain agreement to continue on probation. Defense counsel told the trial court he was not suggesting that the District Attorney's Office had made a deal with Pearson, but suggested that there might be the hope of favored treatment. The trial judge noted that counsel had not asked Pearson if he felt that there is some benefit to him, and that no connection had been drawn between the pending charge and Pearson's testimony. Defense counsel then elicited testimony from Pearson that he had not been offered anything by the State in return for his testimony before the court.
A defendant may elicit on cross-examination facts intended to demonstrate the witness's vulnerable relationship with the State. Carroll v. State, 916 S.W.2d 494, 500 (Tex. Crim. App. 1996). In order to impeach a witness with evidence of pending criminal actions, the proponent of the evidence must establish that the evidence is relevant. Carpenter v. State, 979 S.W.2d 633, 634 (Tex. Crim. App. 1998). The proponent must establish some causal connection or logical relationship between the pending charges and the witness's vulnerable relationship or potential bias or prejudice for the State, or testimony at trial. Id. As was the case in Carpenter, it is possible the witness believed his testimony in this case would be of some benefit to him in the pending case, but the appellant does not provide evidence to support her assertion. Issue four is overruled.
Issue five contends the State's improper investigative procedures deprived her of due process of law. Redmond argues the investigation focused on her early on, and the investigating officer did not explore a theory that Gottardo had been driving or gather evidence later noticed by the salvage operator. She also suggests Pearson perjured himself. In its brief, the State suggests that the case relied upon by the appellant Ex parte Brandley, 781 S.W.2d 886 (Tex. Crim. App. 1989), is an "aberration in Texas law." Doubtless this sentiment is shared by few outside the Montgomery County District Attorney's Office; the opinion has not been overruled and were it to apply in this case, we would follow it. Nevertheless, Redmond's due process argument is not supported by the record. Trooper Holleway focused his investigation on the appellant after she told him she had been driving her truck. She did not establish that exculpatory evidence was lost or that the law enforcement agents exercised bad faith in collecting evidence. Although she is critical of what she calls Pearson's "recovered memory," the appellant has not established Pearson committed perjury. Issue five is overruled.
Issue six inquires, "Was trial counsel ineffective in failing to elect punishment to the jury?" Trial counsel filed a written election to have punishment assessed by the court and an application for community supervision. From the file stamp on the documents, it appears they were simultaneously fil
Page 1 2 3 4 5 6 Texas DUI Attorneys
DUI Lawyers
|
| |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|