Damian Lamon Murkledove v. State
437 S.W.3d 17
Tex. App.2014Background
- Murkledove was convicted of capital murder and sentenced to life without parole under Texas law.
- Dominique Jones proposed burglarizing Garner’s house; Murkledove joined, seeking transportation for $125.
- They burglarized Garner’s home; Jones killed Garner during the break-in.
- Stolen items were loaded into Jones’s grandmother’s house; rifle, purses, TV, Xboxes, and a lockbox with pills were among the items.
- Murkledove later directed police to three houses; searches corroborated his statements; he gave a detailed account in State’s Exhibit 8A.
- Murkledove raised numerous challenges to jury instructions, criminal liability theories, defense requests, and the constitutionality of the sentence.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Conspiracy/parties instruction validity | Murkledove contends the charge improperly allowed conviction as a party via conspiracy terms. | Murkledove argues the conspiracy language merged with party liability to convict for capital murder without proper indictment. | Charge properly allowed party liability; no error. |
| Inclusion of conspiracy as lesser offense and sentencing range | Murkledove asserts omission of conspiracy as a lesser-included offense and its sentencing range was reversible error. | No duty to sua sponte instruct on lesser offenses or punishment absent proper request. | No reversible error; court did not err. |
| Principal or party instruction without indictment | Instruction permitting conviction as principal or party was improper since no party allegation appeared in the indictment. | Due process allows party instruction despite indictment language. | No error; instruction proper. |
| Independent impulse defense instruction | Evidence supported independent impulse defense requiring instruction. | Independent impulse is not a statutory defense; instruction would be improper comment on weight of evidence. | Denied; instruction not required. |
| Section 12.31 mandatory life-without-parole instruction to venire | Trial court erred by not informing venire that life without parole is mandatory if convicted of capital felony. | Harmless error; defense counsel conveyed the information during voir dire and no harm shown. | Harmless error; no reversal. |
Key Cases Cited
- Montoya v. State, 810 S.W.2d 160 (Tex.Crim.App. 1989) (conspiracy closely tied to and interpretable under the law of parties)
- English v. State, 592 S.W.2d 949 (Tex.Crim.App. 1979) (definition of conspiracy in relation to parties)
- Wood v. State, 4 S.W.3d 85 (Tex.App.-Fort Worth 1999) (conspiracy/parties charge handling)
- Ladd v. State, 3 S.W.3d 547 (Tex.Crim.App. 1999) (conspiracy not error when framed as party theory)
- Gilmore v. State, 397 S.W.3d 226 (Tex.App.-Fort Worth 2012) (defense/party liability charge interpretation)