Jose Isaas Herrera AKA Jose Isaas Herrera, Sr. v. State
367 S.W.3d 762
| Tex. App. | 2012Background
- Herrera was convicted of intentionally or knowingly causing serious bodily injury to his six-week-old son J.H., resulting in the infant’s death.
- Autopsy showed numerous blunt-force injuries with both old and new fractures and complex hemorrhaging indicating injuries near death.
- Indictments alternately alleged methods of causing death, including shaking, blunt force trauma, and dropping, with later re-indictments narrowing the theories.
- State sought a deadly-weapon finding based on use of hands or unknown object; autopsy slides and testimony were used to prove causation and mechanism of injury.
- Trial included rebuttal experts testifying about post-mortem versus non-post-mortem injuries, and the jury charge referenced “unknown to the Grand Jury” as to certain means.
- Appellant raised objections to the admission of autopsy photographs and to the sequencing of expert testimony, but the court denied those objections.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence | Herrera | Herrera | Sufficiency supported |
| Testimony out of order by Dr. Frost | Herrera | Herrera | No Sixth Amendment error; no discovery violation; permissible if cross-examination preserved |
| Indictment specificity | Herrera | Herrera | Indictment adequate under statute; Sanchez clarification not required here |
| Jury charge with unknown-to-grand-jury language | Herrera | Herrera | Harmless error; sufficient evidence supports other theories |
| Autopsy photographs admissibility | Herrera | Herrera | Admissible; probative and not unduly prejudicial |
Key Cases Cited
- Jackson v. Virginia, 443 U.S. 307 (U.S. 1979) (sufficiency of evidence standard)
- Brooks v. State, 323 S.W.3d 893 (Tex. Crim. App. 2010) (plurality on sufficiency standards)
- Kitchens v. State, 823 S.W.2d 256 (Tex. Crim. App. 1991) (alternative theories of same offense; general verdict sufficiency)
- Rosales v. State, 4 S.W.3d 228 (Tex. Crim. App. 1999) (harmless-error in alternative theories)
- Moore v. State, 822 S.W.2d 844 (Tex. Crim. App. 1994) (limiting instruction cures error)
- Perez v. State, 261 S.W.3d 760 (Tex. App.—Houston [14th Dist.] 2008) (indictment citing unknown manner/means adequate)
- Crawford v. Washington, 541 U.S. 36 (U.S. 2004) (confrontation clause—testimonial hearsay)
- Sanchez v. State, not an official reporter citation; 2010 WL 3894640 (Tex. Crim. App. 2010) (unknown-allegation standard distinguished)