Jeri Dawn Montgomery v. State
2012 Tex. App. LEXIS 8491
Tex. App.2012Background
- Conviction and sentence for criminally negligent homicide affirmed on remand after CCA reversal; punishment originally ten years’ imprisonment with probation and a $10,000 fine.
- March 24, 2008 at about 8:30 p.m., Montgomery drove a Hyundai Santa Fe in the center service-road lane near I-45; Cochise Willis in a left-lane F-250 collided with Montgomery.
- A safety barrier triangle separated the ramp and service road; the crash occurred in dry, dark conditions with Montgomery on the phone prior to the incident.
- Montgomery’s Hyundai rotated across the barrier and struck Housley’s Silverado on the entrance ramp; Wilcox was ejected and died at the scene; Willis stopped in the emergency lane.
- State witnesses included Mumma (Montgomery’s statements about the crash and intimidation, later a bill of exception context), Soots and Wilbanks (reconstruction confirming Montgomery’s unsafe lane change), and Montgomery’s expert Yergin (crash and speed analysis contested), with issues raised about exclusion of Yergin’s testimony.
- On remand, the court addressed evidentiary challenges concerning exclusion of expert testimony and cross-examination limits, ultimately affirming the judgment.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether exclusion of Yergin’s crush analysis was preserved for appeal. | Montgomery preserved by offering proof of the crush analysis. | No proper preservation; no bill of exception made. | Preservation not satisfied; issue overruled. |
| Whether the trial court properly limited cross-examination of Mumma to show bias. | Limitation violated confrontation rights and eligibility to reveal bias. | Harmless error; cross-examination appropriately restricted. | Harmless beyond a reasonable doubt; issue overruled. |
Key Cases Cited
- Delaware v. Van Arsdall, 475 U.S. 673 (U.S. 1986) (bias cross-examination protected by Confrontation Clause, but limits may be harmless)
- Shelby v. State, 819 S.W.2d 544 (Tex. Crim. App. 1991) (harmlessness framework for constrained cross-examination)
- Preston v. State, 481 S.W.2d 408 (Tex. Crim. App. 1972) (reversal not required when excluded evidence is later admitted)
- Carpenter v. State, 979 S.W.2d 633 (Tex. Crim. App. 1998) (cross-examination evidence and credibility assessment principles)
- Koehler v. State, 679 S.W.2d 6 (Tex. Crim. App. 1984) (limits on cross-examination to assess bias allowed)
- Ho v. State, 171 S.W.3d 295 (Tex. App.—Houston [14th Dist.] 2005) (Confrontation rights and cross-examination scope)