Hudson, Cynthia Ann
2013 Tex. Crim. App. LEXIS 592
| Tex. Crim. App. | 2013Background
- The indictment charged Cynthia Ann Hudson with capital murder for allegedly murdering Samuel Hudson during the course of a kidnapping, with the theory that she beat him and withheld food as his parent.
- The amended theory framed capital murder as intentional murder in the course of kidnapping, with the jury charge setting out this link between murder and kidnapping.
- The jury was instructed on two lesser-included offenses—murder and injury to a child—while Hudson requested a manslaughter instruction that the trial court refused.
- At trial Hudson testified she committed no offense, and closing arguments argued guilt only on the submitted offenses.
- Hudson was convicted of capital murder and sentenced to life imprisonment.
- The Court of Appeals reversed, holding error in not submitting manslaughter and finding harm from that omission, and the State sought discretionary review on these analyses.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court erred by not submitting manslaughter as a lesser offense. | Hudson argues manslaughter supported by the evidence should have been submitted. | State contends no manslaughter instruction was warranted due to intermediate offenses. | Remand required; intermediate lesser-included offenses must be considered. |
| Whether harm analysis must account for submitted lesser offenses when assessing unsubmitted ones. | Hudson contends harm should reflect effects of submitted lesser offenses. | State contends harm analysis can overlook unsubmitted possibilities. | Remand required; harm must be evaluated with respect to submitted offenses as well. |
Key Cases Cited
- Flores v. State, 245 S.W.3d 432 (Tex. Crim. App. 2008) (limits on when a lesser-included offense instruction is warranted)
- Forest v. State, 989 S.W.2d 365 (Tex. Crim. App. 1999) (evidence lies between charged and lesser offenses)
- Saunders v. State, 913 S.W.2d 564 (Tex. Crim. App. 1995) (harm assessment must consider submitted lesser offenses)
- Contreras v. State, 312 S.W.3d 566 (Tex. Crim. App. 2010) (felony murder predicate examples for underlying felonies)
- Johnson v. State, 4 S.W.3d 254 (Tex. Crim. App. 1999) (felony murder analysis with underlying offenses)
- Masterson v. State, 155 S.W.3d 167 (Tex. Crim. App. 2005) (affirms Saunders approach to harmless error)