Kris Edward Rau v. State
02-15-00208-CR
| Tex. App. | Apr 6, 2017Background
- Rau was convicted of murder and sentenced to life in prison plus a $10,000 fine; the State prosecuted at trial with multiple evidentiary pieces and witness testimony, including a jailhouse informant; Lianne Murray died from a gunshot wound in Wise County, Texas, after a violent confrontation with Rau and Rau fled to Florida, disposing of a pistol and other items; the defense framed death as suicide, while the State contended Rau killed her and attempted to conceal the crime; investigators confronted inconsistencies in Rau’s timeline, physical scene handling, and disposal of evidence; the court admitted the jailhouse informant testimony and addressed objections to the prosecutor’s punishment-phase arguments.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence to prove murder | Rau | Rau claimed insufficiency to prove elements and his mental state | Evidence suffices to support conviction |
| Admission of jailhouse informant testimony under Rule 403 | Rau | Cox’s testimony should be excluded as prejudicial | Not reversible error; balancing on record not required; admission upheld |
| Balancing test for Rule 403 on record | Rau contends balancing not performed | Trial court did balance; need not state on record | No reversible error; court's decision within discretion |
| Mistrial denial over polygraph reference | Rau | Polygraph mention without mistrial demand | No abuse of discretion; lack of mistrial proper given nonresponsive reference |
Key Cases Cited
- Jackson v. Virginia, 443 U.S. 307 (U.S. Supreme Ct. 1989) (standard for sufficiency of evidence in criminal cases)
- Jenkins v. State, 493 S.W.3d 583 (Tex. Crim. App. 2016) (evidentiary sufficiency and weighing conflicts in testimony)
- Moff v. State, 131 S.W.3d 485 (Tex. Crim. App. 2004) (circumstantial evidence probative as direct evidence; presumption in favor of verdict)
- Montgomery v. State, 369 S.W.3d 188 (Tex. Crim. App. 2012) (standard to defer to factfinder on conflicts in testimony)
- Temple v. State, 390 S.W.3d 341 (Tex. Crim. App. 2013) (circumstantial evidence and inference considerations in sufficiency review)