Dobbs, Atha Albert
2014 Tex. Crim. App. LEXIS 908
| Tex. Crim. App. | 2014Background
- Dawn alleged years of sexual abuse by appellant; warrant issued for his arrest in Sept. 2010.
- Police deployed five deputies to execute the warrant at appellant's home.
- Appellant retrieved a loaded pistol upon seeing deputies and walked toward Deputy Kokemoor with the gun.
- Kokemoor ordered him to drop the gun; appellant did not comply and pointed the gun at his own temple.
- Appellant was tasered, restrained, arrested, and charged with resisting arrest with a deadly weapon; jury convicted him, and the Court of Appeals affirmed before the Texas Court of Criminal Appeals reversed to acquit.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the evidence proves use of force against a peace officer | Dobbs argues no force against officer | Dobbs contends force was not directed at the officer | Evidence insufficient; acquittal affirmed (reversal and judgment of acquittal) |
Key Cases Cited
- Jackson v. Virginia, 443 U.S. 307 (U.S. 1979) (clear standard for sufficiency review: rational juror could convict beyond reasonable doubt)
- Brooks v. State, 323 S.W.3d 893 (Tex. Crim. App. 2010) (circumstantial evidence sufficiency standard in Texas)
- Hooper v. State, 214 S.W.3d 9 (Tex. Crim. App. 2007) (circumstantial evidence may prove guilt; weigh evidence as fact-finder)
- Pumphrey v. State, 245 S.W.3d 85 (Tex. Crim. App. 2008) (definition of force; directed at officer or in opposition to efforts)
- Hopper v. State, 86 S.W.3d 676 (Tex. Crim. App. 2002) (force in opposition to officer’s detaining grip; directed toward officer)
- Boykin v. State, 818 S.W.2d 782 (Tex. Crim. App. 1991) (statutory interpretation: give plain meaning to words)
- Nguyen v. State, 1 S.W.3d 694 (Tex. Crim. App. 1999) (interpretation of statutory phrases in context)
- Thomas v. State, 919 S.W.2d 427 (Tex. Crim. App. 1996) (contextual interpretation of statutory language)