Clyde Dale Evans v. the State of Texas
11-24-00179-CR
| Tex. App. | Sep 25, 2025Background
- Evans was convicted of evading arrest with a vehicle, a third-degree felony, after a pursuit and apprehension on July 4, 2023.
- The jury found two enhancement paragraphs true and sentenced Evans to 37 years’ imprisonment.
- During voir dire, defense questioned venire members about defense obligations and credibility of law enforcement, but did not elicit whether jurors would imply guilt if counsel failed to present evidence.
- The trial court denied challenges for cause to 32 venire members, including two jurors later seated on the panel.
- Appellant argues the court should have allowed more voir dire on bias or prejudice; the State and Evans disagree on the scope and necessity of further questioning.
- The judgment originally misstated the statute for the offense; the court later corrected it to reflect 38.04(a), (b)(2)(A).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court abused discretion in voir dire by limiting bias inquiry | Evans | Court properly limited questions | No abuse; challenges for cause preserved nothing; no error |
Key Cases Cited
- Jacobs v. State, 560 S.W.3d 205 (Tex. Crim. App. 2018) (trial judge has broad discretion in voir dire; abuse requires unfair trial)
- Hernandez v. State, 390 S.W.3d 310 (Tex. Crim. App. 2012) (court may exclude improper voir dire questions)
- Buntion v. State, 482 S.W.3d 58 (Tex. Crim. App. 2016) (preservation requires showing harm from forced use of peremptory strikes)
- Chambers v. State, 866 S.W.2d 9 (Tex. Crim. App. 1993) (preservation rule for challenge-for-cause error)
- McCoy v. Wal–Mart Stores, Inc., 59 S.W.3d 793 (Tex. App.—Texarkana 2001) (voir dire importance to trial fairness)
- Sanchez v. State, 165 S.W.3d 707 (Tex. Crim. App. 2005) (purpose of voir dire includes eliciting basis for challenges and enabling peremptories)