Adams v. State
357 S.W.3d 387
| Tex. App. | 2011Background
- Adams was convicted of felony murder based on the underlying felony of felony driving while intoxicated (DWI).
- He was sentenced to sixty-five years in prison under Tex. Penal Code §§ 19.02(b)(3); 49.04.
- At the time of the incident, Adams’s blood alcohol content was .33, well above the legal limit.
- Adams had two prior DWI convictions admitted at trial.
- The Court of Appeals of Texas, Waco, denied discretionary review; opinion issued June 8, 2011.
- Adams challenged the murder conviction on several due process and sufficiency grounds.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Due process and mens rea | Adams contends felony murder lacks mens rea. | State argues statute dispenses with mens rea for underlying felony. | No due process violation; statute valid. |
| Underlying felony validity | Felony DWI cannot underlie felony murder due to lack of mens rea. | Felony DWI may underlie felony murder; no mens rea required. | Felony DWI may serve as underlying felony. |
| Indictment and intoxication manslaughter | Indictment improper because intoxication manslaughter cannot be the underlying felony. | No error; Texas cases permit this charging theory. | No error; underlying felony proper. |
| Death and mens rea distinction | Death from intoxication should be intoxication manslaughter, not murder. | Felony murder permissible with underlying felony DWI. | No error; murder theory sustained. |
| Sufficiency of the evidence | Crossing the center stripe was not in furtherance of felony DWI. | Crossing center stripe was a clearly dangerous act in furtherance of felony DWI. | Evidence sufficient; rational jury could convict. |
Key Cases Cited
- Bigon v. State, 252 S.W.3d 360 (Tex.Crim.App.2008) (felony DWI may underlie felony murder; clearly dangerous act supports conviction)
- Lomax v. State, 233 S.W.3d 302 (Tex.Crim.App.2007) (felony murder may dispense with mens rea for underlying felony)
- Powell v. Texas, 392 U.S. 514 (U.S. Sup. Ct. 1968) (no general constitutional doctrine of mens rea for all crimes)
- Montana v. Egelhoff, 518 U.S. 37 (U.S. Sup. Ct. 1996) (historic balance of actus reus and mens rea; states may adjust doctrine)
- Lambert v. California, 355 U.S. 225 (U.S. Sup. Ct. 1957) (conduct alone may be criminal without knowledge or intent in some contexts)
- Aguirre v. State, 22 S.W.3d 463 (Tex.Crim.App.1999) (legislative intent to dispense with culpable mental state in Texas felony murder)
- Lomax v. Thaler, 2010 WL 3362203 (S.D.Tex. 2010) (addressing the same issue of mens rea in felony murder)