Kayla Jean Lardieri v. State
03-15-00247-CR
| Tex. App. | Oct 28, 2015Background
- Victim (Dana Huth) was found naked, bleeding, handcuffed, and traumatized after being assaulted at a mobile home; she identified Kayla Lardieri and co-defendants as attackers.
- Evidence at trial: multiple stab wounds, bloodied restraints and gags recovered from the scene and a locked shed; charred remains of the victim’s phone, wallet, and other items recovered from a burn pit.
- Witnesses (victim, co-defendant Hopkins, co-defendant Smith, and a jailhouse cellmate) testified Lardieri stabbed, tased, kicked, helped hogtie and carry the victim to a shed, and later helped remove/transport the victim’s belongings to be burned.
- Lardieri testified and admitted stabbing, tasing, kicking the victim, helping carry the victim to the shed, and helping remove items from the scene; she denied intent to kill or to rob, claiming the stabbing was accidental and she didn’t intend to destroy evidence.
- Lardieri was convicted by a jury of Attempted Capital Murder, Aggravated Kidnapping, Aggravated Robbery, and Tampering with Evidence (acquitted of Aggravated Sexual Assault); punishment assessed by judge: concurrent terms (30 years for major counts, 10 years concurrent for tampering).
Issues
| Issue | State's Argument | Lardieri's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence for Attempted Capital Murder | Victim, co-defendants, and defendant’s own admissions show violent assault, planning, and concealment — supporting intent or party liability | Insufficient: no direct testimony any co-defendant said they intended to kill; defendant denies intent | Court applies Jackson/Kiffe standard: evidence legally sufficient; jury credibility determinations control — conviction sustained |
| Sufficiency of evidence for Aggravated Robbery | Testimony shows removal of victim’s necklace and belongings during violent assault; defendant present and participated after deadly-weapon use — supports party liability | Defendant testified she didn’t intend to rob and didn’t intend to place items in sheet | Evidence legally sufficient under party theory; conviction sustained |
| Sufficiency of evidence for Tampering with Evidence | Defendant admitted helping transport items and accompanied co-defendant who burned items; actions after offense show intent to conceal | Defendant minimized role, claimed she did not know purpose of burning | Evidence legally sufficient to infer intent to conceal; conviction sustained |
| Standard of review for sufficiency claims | Legal sufficiency only; review under Jackson v. Virginia (view evidence in light most favorable to verdict) | Asked for factual sufficiency review (now rejected) | Court follows post-Brooks precedent: legal sufficiency standard (defer to jury on credibility/inferences) |
Key Cases Cited
- Jackson v. Virginia, 443 U.S. 307 (establishes legal-sufficiency standard: review evidence in light most favorable to verdict)
- Kiffe v. State, 361 S.W.3d 104 (Texas appellate application: legal sufficiency review post-Brooks; defer to jury credibility)
- Miranda v. State, 813 S.W.2d 724 (party liability: agreement may be proven by actions and circumstantial evidence; consider events before, during, after offense)
- Margraves v. State, 34 S.W.3d 912 (factfinder may accept or reject testimony; credibility determinations reserved for jury)
- Hooper v. State, 214 S.W.3d 9 (circumstantial evidence can be sufficient to establish guilt)