Harold L. Graves, Jr. v. State
452 S.W.3d 907
| Tex. App. | 2014Background
- Graves was convicted by jury of murder and tampering with physical evidence, receiving concurrent sentences of 37 years and 10 years.
- Hollie, armed with no weapon according to witnesses, confronted Graves at Graves’ home over a cell phone traded for crack cocaine.
- Graves shot Hollie on the porch after Hollie threatened to return and “shoot up the whole house.”
- The handgun was never recovered; Graves and others drove away from the scene with Graves stating he needed to get the gun to his cousin’s house.
- Evidence at trial included Graves’ associates’ testimony and Conner's involvement in the prior drug transaction; the State introduced extraneous-offense evidence to rebut self-defense.
- Graves challenged the jury instructions on self-defense, the admissibility of extraneous-offense evidence, the omission of a lesser-included offense instruction, and the sufficiency of the tampering conviction.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Self-defense jury instructions sufficiency | Graves lacked a self-defense instruction and related presumptions. | Graves argued for presumption of reasonableness and no duty to retreat. | No entitlement to self-defense instruction; presumptions not applicable. |
| Admission of extraneous-offense evidence under 404(b) | Davis’ testimony showed Graves’ drug activity to rebut self-defense. | Evidence was irrelevant/undisclosed and unfairly prejudicial. | Admission was erroneous but harmless beyond a reasonable doubt. |
| Lesser-included offense instruction on aggravated assault | Aggravated assault could be a lesser included offense if supported by evidence. | No evidence Graves acted with requisite intent to kill; could not be lesser. | No instruction on aggravated assault; not a valid lesser included offense. |
| Hearsay objections and Conner/Iglesias statements | Hearsay statements supported the narrative of the drug deal. | Objections untimely; testimony cumulative. | Objections not preserved; testimony deemed cumulative. |
| Tampering with physical evidence sufficiency | Graves concealed a firearm and knew an investigation was pending. | No proof that concealment occurred during pending investigation; variance. | Tampering conviction legally insufficient; reversed and acquitted. |
Key Cases Cited
- Almanza v. State, 686 S.W.2d 157 (Tex. Crim. App. 1984) (two-pronged Almanza test for jury-charge error)
- Ngo v. State, 175 S.W.3d 738 (Tex. Crim. App. 2005) (standard for evaluating instructional error and harm)
- Krajcovic v. State, 393 S.W.3d 282 (Tex. Crim. App. 2013) (defense instruction must be given if evidence raises it)
- Juarez v. State, 308 S.W.3d 398 (Tex. Crim. App. 2010) (defense issues raised by evidence require instruction)
- Morales v. State, 357 S.W.3d 1 (Tex. Crim. App. 2011) (no retreat instruction when conditions met)
- Trammel v. State, 287 S.W.3d 336 (Tex. App.—Fort Worth 2009) (immediacy of threat standard in self-defense)
- Jackson v. State, 992 S.W.2d 469 (Tex. Crim. App. 1999) (murder defendants not entitled to lesser included offense when evidence shows death)
- Geick v. State, 349 S.W.3d 542 (Tex. Crim. App. 2011) (elements become part of offense; respect indictment scope)