Ginger Deeanna Fisher v. State
2013 Tex. App. LEXIS 1143
| Tex. App. | 2013Background
- Appellant Ginger Fisher was convicted of aggravated assault of a peace officer in Fort Bend County, Texas.
- She asserted insanity as an affirmative defense; evidence included expert and lay testimony.
- Officers Hill, Claunch, and Ward testified about the stabbing and surrounding events.
- Dr. Petzold testified Fisher was insane at the time; Dr. Silverman testified Fisher was sane.
- A videotaped interview with Fisher and audio recordings were introduced; the defense argued intoxication did not cause insanity.
- The jury ultimately found Fisher guilty and sentenced her to 30 years’ confinement.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Insanity defense sufficiency. | Fisher proved insanity by preponderance. | Conflicting evidence; jury credibility. | Insanity rejection not manifestly unjust; overruled. |
| Voluntary intoxication jury-charge error. | Charge harmed Fisher by suggesting intoxication could excuse actions. | No error; instruction prevented jury confusion. | No error; Almanza standard not triggered. |
Key Cases Cited
- Ruffin v. State, 270 S.W.3d 586 (Tex. Crim. App. 2008) (insanity: “wrong” means illegal; defendant must know conduct is illegal)
- Meraz v. State, 785 S.W.2d 146 (Tex. Crim. App. 1990) (burden on insanity defense by preponderance; standard of review)
- Martinez v. State, 867 S.W.2d 30 (Tex. Crim. App. 1993) (insanity burden and preponderance standard)
- Lantrip v. State, 336 S.W.3d 343 (Tex. App.—Texarkana 2011) (credibility and weight of conflicting evidence reviewed by fact-finder)
- Dashield v. State, 110 S.W.3d 111 (Tex. App.—Houston [1st Dist.] 2003) (defense credibility and due deference to trial court)