Jonathan Ray Shepherd v. State
2016 Tex. App. LEXIS 3958
| Tex. App. | 2016Background
- Shepherd killed Cheyenne Green, mother of his son Teddy, in the Gilmer High School parking lot during his elder son's football game.
- A Upshur County jury convicted Shepherd of capital murder and the trial court sentenced him to life imprisonment without parole.
- Shepherd challenged admission of Green’s out-of-court statements under Confrontation Clause and challenged the lack of a felony-murder instruction.
- Shepherd contends his second custodial statement to police was involuntary due to a two-step, non-Miranda-compliant interrogation.
- The State sought to introduce Shepherd’s second videotaped statement, after an earlier unsatisfactory recording of warnings.
- Evidence at trial included Green’s prior protective-order-related statements and other witnesses about Green and Shepherd’s relationship.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Voluntariness of second custodial statement | Shepherd argues two-step interrogation tainted voluntariness. | State contends warnings and waiver were proper; no coercion. | No abuse; second statement voluntary; Miranda warnings complied. |
| Admissibility of Green's out-of-court statements | Confrontation Clause violation due to forfeiture by wrongdoing under Article 38.49. | Forfeiture by wrongdoing supported; declarant unavailable; statements admissible. | No error; trial court could infer commission of wrongdoing and admit testimonial statements. |
| Felony murder instruction | Evidence showed possible lack of intent to kill; felony murder instruction warranted. | Evidence shows intent to kidnap and kill; no lesser-included instruction needed. | No instruction on felony murder warranted; sufficient evidence of intent to kill. |
Key Cases Cited
- Giles v. California, 554 U.S. 353 (2008) (forfeiture by wrongdoing as Confrontation Clause exception)
- Crawford v. Washington, 541 U.S. 36 (2004) (sixth amendment confrontation principle)
- Seibert v. Missouri, 542 U.S. 600 (2004) (two-step interrogation concerns)
- Cavazos v. State, 382 S.W.3d 377 (Tex. Crim. App. 2012) (test for lesser-included offense instruction)
- Rousseau v. State, 855 S.W.2d 666 (Tex. Crim. App. 1993) (capital murder vs. felony murder concepts)
- Lomax v. State, 233 S.W.3d 302 (Tex. Crim. App. 2007) (statutory interpretation of felony murder)