Jenkins v. State
2016 Tex. Crim. App. LEXIS 108
| Tex. Crim. App. | 2016Background
- In 2013 a jury convicted Willie Roy Jenkins of capital murder for the 1975 rape and killing of Sheryl Norris; the jury answered the Article 37.0711 special issues and the trial court sentenced Jenkins to death.
- Biological evidence (vaginal smear and a hand print on Norris’s blouse) preserved from 1975 was subjected to progressive DNA testing; a 2010 Minifiler profile produced a CODIS hit identifying Jenkins.
- Forensics and medical testimony supported strangulation and drowning during a sexual assault; spermatozoa and Jenkins’s DNA were found in the vaginal sample and on the blouse.
- The punishment phase included extensive evidence of Jenkins’s prior sexual-offense convictions, convictions for rape in California and Texas, sexual molestation of stepdaughters, and violent incidents while institutionalized.
- Jenkins raised 19 appellate points challenging sufficiency, admissibility of DNA, exclusion of his plea-offer evidence, juror misconduct, various jury-charge errors under the Eighth and Fourteenth Amendments, and equal-protection arguments; the Court affirmed the conviction and death sentence.
Issues
| Issue | Jenkins' Argument | State's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence to prove murder (capital element) | DNA and sexual-assault proof only; no proof that Jenkins intentionally caused Norris’s death | Cumulative circumstantial and forensic evidence supports inference Jenkins strangled and drowned Norris during aggravated rape | Conviction affirmed: evidence, viewed in light most favorable to verdict, sufficient to support capital murder finding (overrules point 1) |
| Admissibility of 2010 DNA profile / quality-assurance compliance | DPS violated FBI/DNA-Id Act standards by not running a reagent blank with 2010 Minifiler run; CODIS hit (and fruits) should be suppressed | Reagent-blank requirement applied to samples extracted after July 1, 2009; reagent blank had been run in 1997 when extract was made; any deviation goes to weight not admissibility; CODIS hit not Excludable under Art. 38.23 | Trial court did not abuse discretion under Rule 702; DNA evidence and CODIS hit admissible; Article 38.23 exclusion inapplicable (overrules point 2) |
| Admission of defendant’s plea-offer as mitigation | Offer to plead guilty (life) shows mitigation/acceptance and should be admitted to jury at punishment | Rule 410 bars plea-negotiation evidence for fairness and to avoid prejudice and confusion; any minimal probative value is substantially outweighed by prejudice | Trial court did not abuse discretion excluding plea-offer evidence under Rule 403/410 (overrules point 3) |
| Juror misconduct (extrajudicial texting) | Juror Tim Altenhoff texted an outsider about the case; defense moved for mistrial asserting juror had prior knowledge and concealed it on voir dire | Court investigated individually, Altenhoff denied prior recollection; no evidence he communicated substance to other jurors; less drastic remedies used | Denial of mistrial was not an abuse of discretion; court rebutted presumption of harm (overrules point 4) |
| Challenges to jury instructions / sentencing special issues (future dangerousness; mitigation definitions; no-presumption-of-death; terms undefined) | Vague/structural defects and missing explanatory instructions risk arbitrary death sentences and prevent jurors from giving mitigating effect | Charge followed statutory language (Art. 37.0711); prior precedents reject these claims; omissions go to policy/legislature not court | Claims rejected; court declines to reconsider precedent—no reversible error (points 6–15, 18–19 overruled) |
| Equal protection / prosecutorial uniformity in death-penalty seeking | Lack of statewide standards allows arbitrary, disparate death-penalty charging violating Equal Protection | No constitutional requirement for centralized charging; appellant must prove purposeful discrimination, not shown | Claim rejected; no relief (point 17 overruled) |
Key Cases Cited
- Jackson v. Virginia, 443 U.S. 307 (establishes standard for reviewing sufficiency of evidence)
- Malik v. State, 953 S.W.2d 234 (Tex. Crim. App.) (discussion of hypothetically correct jury charge/sufficiency framework)
- Somers v. State, 368 S.W.3d 528 (Tex. Crim. App.) (Rule 702 admissibility and reliability of scientific evidence)
- Prystash v. State, 3 S.W.3d 522 (Tex. Crim. App.) (admission/exclusion of plea-negotiation evidence and Rule 403 analysis)
- Russeau v. State, 171 S.W.3d 871 (Tex. Crim. App.) (upholding statutory jury-charge language and rejecting related Eighth Amendment challenges)
- McCleskey v. Kemp, 481 U.S. 279 (Equal Protection proof requirement: must show purposeful discrimination)