Gross v. State
352 S.W.3d 238
Tex. App.2011Background
- Sept. 4, 2006 Corkney Lee was shot and killed by appellant's brother-in-law John Jones; Gross was charged with murder under the law of parties and Jones was convicted.
- Gross testified at Jones's murder trial; Jones's testimony was read into evidence at Gross's murder trial.
- Jones shot Lee, and Gross claims he did not know Jones would shoot; Gross says he panicked and fled after the shot.
- Gross drove the getaway vehicle and later helped dispose of the weapon, but argues such post-offense acts cannot prove party liability.
- Police investigation followed tips; Gross was arrested Sept. 18, 2006 after denying involvement; trial resulted in a murder conviction under the law of parties and a 10-year sentence.
- Court applies Jackson v. Virginia standard to assess sufficiency of evidence for party liability and ultimately reverses, acquitting Gross.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Is the evidence sufficient to convict as a party to murder? | Gross argues insufficient proof of pre-/contemporaneous agreement | State contends actions before/during show common design | Yes? No—court holds insufficient; acquittal |
Key Cases Cited
- Jackson v. Virginia, 443 U.S. 307 (U.S. Supreme Court 1979) (establishes legal sufficiency standard for criminal evidence)
- Brooks v. State, 323 S.W.3d 893 (Tex.Crim.App.2010) (applies Jackson standard in Texas sufficiency reviews)
- Beier v. State, 687 S.W.2d 2 (Tex.Crim.App.1985) (party liability requires act to promote or assist offense)
- Ransom v. State, 920 S.W.2d 288 (Tex.Crim.App.1996) (pre-/during-crime acts show common design to commit offense)
- Cordova v. State, 698 S.W.2d 107 (Tex.Crim.App.1985) (pre- or contemporaneous agreement needed; can be proven by conduct)