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Dotson, Daryl
PD-0734-15
| Tex. App. | Jul 31, 2015
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Background

  • 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)
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Case Details

Case Name: Dotson, Daryl
Court Name: Court of Appeals of Texas
Date Published: Jul 31, 2015
Docket Number: PD-0734-15
Court Abbreviation: Tex. App.