Dotson, Daryl
PD-0734-15
| Tex. App. | Jul 31, 2015Background
- Dotson and others sold drugs from a Dallas trap house and planned to rob and kill two dealers, Govan and Williams.
- Govan and Williams arrived with a second man; Scott fired first; Dotson allegedly shot them with an AK-47 and the bodies were later burned in a car trunk.
- Clater testified as the State's key eyewitness; he was charged with burglary in Rockwall County and faced credibility issues.
- Dotson was indicted for capital murder (robbery aggravator); indictment amended to add a second victim a year later; he was convicted of capital murder and sentenced to life without parole.
- On appeal, Dotson challenged cross-examination limits, a mistrial request over attorney-client-recordings, and the venire dismissal, arguing errors harmed his substantial rights.
- The Thirteenth Court of Appeals affirmed; Dotson sought discretionary review in this Court.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| May the State render excluded cross-examination harmless? | Dotson argues Clater’s pending charges were probative of bias and should be cross-examined. | State contends the evidence was irrelevant or cumulative and harmless. | No; exclusion affected substantial rights; reversal warranted or remand for proper harm analysis. |
| Was the attorney-client privilege violated by a microphone at counsel's table and did it warrant a mistrial? | Dotson claims privilege violation harmed defense and justified mistrial. | State contends no reversible prejudice; recordings did not reach jury and mistrial not required. | No reversible error; mistrial denied. |
| Did the trial court err by directing the reporter to go off the record before dismissing the first venire panel? | Dotson argues improper conduct prevented appellate review of voir dire. | State notes second venire was fair; first panel disruption does not require reversal. | Overruled; no reversible error; second venire proceedings supported judgment. |
Key Cases Cited
- Carroll v. State, 916 S.W.2d 494 (Tex. Crim. App. 1996) (bias cross-examination is a proper purpose)
- Carpenter v. State, 979 S.W.2d 633 (Tex. Crim. App. 1998) (cross-examining credibility; motive and bias)
- Shelby v. State, 819 S.W.2d 544 (Tex. Crim. App. 1991) (harmless error analysis for bias cross-examination)
- Leday v. State, 983 S.W.2d 713 (Tex. Crim. App. 1998) (overruling objection to evidence when other evidence exists)
- Irby v. State, 327 S.W.3d 138 (Tex. Crim. App. 2010) (no automatic right to cross-examine victim about probation; requires logical connection)
- Davis v. Alaska, 415 U.S. 308 (U.S. 1974) (importance of exposing witness bias in cross-examination)
