Jones, Lonnie James Jr.
PD-0953-15
| Tex. App. | Sep 23, 2015Background
- Jones was convicted of assault causing bodily injury to a family member, enhanced to a third-degree felony by habitual status, and sentenced to 40 years.
- Trial involved defense request for a self-defense instruction which the court denied, citing the evidence was small and contested.
- Two investigating officers testified; Beatty stated an assault occurred and Jones was the actor, Wilkerson testified he saw no self-defense evidence.
- Court of Appeals affirmed the conviction, holding no error in admitting the officers' testimony and that any error was harmless.
- Jones petitions for discretionary review, arguing self-defense instruction was required and officer testimony was improper; the petition contests cumulative error.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether self-defense instruction was required | Jones; there was some evidence of self-defense | Jones; evidence supported self-defense instruction | Trial court erred in denying instruction |
| Whether officer testimonies were admissible as lay opinions | State officials offered improper opinions | Beattie and Wilkerson lacked personal knowledge | Admission was harmless error for Wilkerson; Beatty's testimony not reversible on objection |
| Whether cumulative error required reversal | Cumulative impact was egregious | Only one error occurred | Cumulative error did not require reversal; affirmed |
Key Cases Cited
- FERREL v. STATE, 55 S.W.3d 586 (Tex. Crim. App. 2001) (defensive-issue instruction must be given if evidence raises defense)
- SMITH v. STATE, 676 S.W.2d 584 (Tex. Crim. App. 1984) (some evidence suffices to raise self-defense)
- ALMANZA v. STATE, 686 S.W.2d 157 (Tex. Crim. App. 1985) (harm-analysis requires reversal only if harm is not abated)
- SHAW v. STATE, 243 S.W.3d 647 (Tex. Crim. App. 2007) (evidence-raised standard under Tex. Penal Code §2.03(c))
- TREVINO v. STATE, 100 S.W.3d 232 (Tex. Crim. App. 2003) (harm-analysis for preserved error)
- SOLOMON v. STATE, 49 S.W.3d 356 (Tex. Crim. App. 2001) (cumulative-error framework)
- GIBSON v. STATE, 726 S.W.2d 129 (Tex. Crim. App. 1987) (judge not to weigh credibility in determining defense instruction)