Ross v. State

133 S.W.3d 618 · Court of Criminal Appeals of Texas · 2004

Facts

Appellant was convicted of capital murder for the deaths of Viola Ross and Douglas Birdsall. The victims were apparently murdered in Birdsall's car in an alley outside appellant's apartment complex, with their bodies later discovered in a ravine. Evidence found included shell casings, glass shards, and a latex glove fingertip with appellant's DNA on the inside and Birdsall's blood on the outside. Shortly before the murders, appellant's girlfriend, Liza (Viola's sister), saw him wearing latex gloves and he told her to leave the apartment "if anything happens." Appellant had argued with Viola and had a history of violence, including stabbing a previous girlfriend and completing anger management.

Issue

The primary issues are whether the evidence was legally and factually sufficient to support the capital murder conviction and the jury's finding of future dangerousness. Additionally, the court considered if an erroneous parole charge, the exclusion of polygraph evidence, or the denial of a competency examination and continuances constituted reversible error.

Holding

The court affirmed the conviction, finding the evidence legally and factually sufficient for both the capital murder conviction and the finding of future dangerousness. It also held that the erroneous parole charge did not mislead the jury, and the trial court did not err in excluding polygraph evidence or denying motions for a psychiatric examination and continuances.

Rule

For legal sufficiency, evidence is viewed in the light most favorable to the verdict to determine if a rational trier of fact could find essential elements beyond a reasonable doubt. For factual sufficiency, evidence is viewed neutrally, and a verdict is set aside only if it is clearly wrong/unjust or contrary evidence is too strong. To determine future dangerousness, relevant factors include the calculated nature of the acts, forethought, deliberateness, circumstances of the offense, and prior violent behavior. Polygraph evidence is generally inadmissible, and its proponent must establish reliability under scientific evidence tests like Daubert/Kelly.

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