12-24-00025-CR
Tex. App.Nov 6, 2024Background
- David Michael Thompson was convicted by a jury of murdering Jaci Wilkerson with a deadly weapon and sentenced to life imprisonment in Smith County, Texas.
- The evidence showed Thompson killed Wilkerson after a tumultuous relationship, following an argument over infidelity and a protective order violation.
- Thompson confessed to using a machete and a hammer after having sex with Wilkerson, expressing racially motivated anger and referencing prior altercations.
- At trial, graphic photographic evidence of the crime scene and details of Thompson’s prior assault and protective order violation against Wilkerson were introduced.
- Thompson appealed his conviction, challenging the trial court's admission of (1) extraneous bad acts as evidence of motive, and (2) graphic crime scene photographs, arguing prejudice outweighed probative value.
Issues
| Issue | Thompson’s Argument | State’s Argument | Held |
|---|---|---|---|
| Admission of extraneous offense evidence (prior assault/protective order violation) | The jury already knew the relationship was tumultuous; this evidence unfairly showed propensity in violation of Rule 404(b) | Evidence was admissible to show motive under Article 38.36 and Rule 404(b) | Allowed; evidence was relevant to motive and within the zone of reasonable disagreement |
| Admission of graphic crime scene photographs | Photos prejudicial, cumulative with testimony and video, unduly inflamed jury in violation of Rule 403 | Images necessary to show injuries/manner of death, detail specific statutory means | Allowed; probative value not substantially outweighed by prejudice, admissible |
Key Cases Cited
- De La Paz v. State, 279 S.W.3d 336 (Tex. Crim. App. 2009) (standard for reviewing admissibility of extraneous offenses)
- Zuliani v. State, 97 S.W.3d 589 (Tex. Crim. App. 2003) (abuse of discretion standard for evidentiary rulings)
- Prible v. State, 175 S.W.3d 724 (Tex. Crim. App. 2005) (admissibility of photographs; Rule 403 balancing)
- Erazo v. State, 144 S.W.3d 487 (Tex. Crim. App. 2004) (standard for admitting graphic photographs)
- Williams v. State, 301 S.W.3d 675 (Tex. Crim. App. 2009) (factors in evaluating photographic evidence admissibility)
- Clayton v. State, 235 S.W.3d 772 (Tex. Crim. App. 2007) (admissibility of motive evidence in murder cases)