Larry Webb v. State
557 S.W.3d 690
| Tex. App. | 2018Background
- Victim ("Susan"), then 14, stayed overnight at appellant Larry Webb’s home; she later reported sexual assault and indecency by Webb.
- Susan ran to neighbor Jennifer McDonald’s house around midnight, hysterical and saying "He raped me," and reported threats from Webb.
- Officers interviewed Webb at his house after he invited them in; Webb made several potentially incriminating statements before any Miranda warnings were given.
- Physical evidence: Webb’s DNA on Susan’s bra and panties; semen on Webb’s sheets; no visible external injuries on Susan.
- Webb was convicted of aggravated sexual assault of a child and indecency by sexual contact and sentenced to life; he appeals on three grounds (admission of neighbor testimony about victim’s veracity, admission of pre-Miranda statements, and sufficiency of record to support assessed court costs).
Issues
| Issue | Plaintiff's Argument (State) | Defendant's Argument (Webb) | Held |
|---|---|---|---|
| Admissibility of neighbor McDonald’s testimony that the victim "was not putting on a show" | Testimony described victim’s emotional state (hysterical, frightened), not an opinion on veracity; admissible lay observation | McDonald improperly vouched for the victim’s truthfulness; nonexpert cannot opine on specific-claim veracity under Tex. R. Evid. 608(a) | Admission not an abuse of discretion; alternatively, any error was harmless given overwhelming corroborative evidence |
| Admissibility of Webb’s pre-Miranda statements | Officers’ questions were noncustodial (Webb invited them in, was free to leave); Miranda not required; objection waived because similar testimony was previously admitted without objection | Statements were elicited before Miranda warnings during custodial interrogation and should have been suppressed | Issue not preserved: same/similar testimony had been admitted earlier without objection, so error waived; trial court found noncustodial questioning in any event |
| Sufficiency of record to support $534 in court costs | Clerk’s record contained an itemized bill of costs showing $534; appellate review in light most favorable supports assessment | No bill of costs in clerk’s record, so costs unsupported | Record contains an itemized bill of costs; assessment supported on appeal |
Key Cases Cited
- Miranda v. Arizona, 384 U.S. 436 (U.S. 1966) (Miranda warnings required before custodial interrogation)
- Thompson v. Keohane, 516 U.S. 99 (U.S. 1995) (custody question focuses on whether a reasonable person would feel free to terminate the encounter)
- Martinez v. State, 327 S.W.3d 727 (Tex. Crim. App. 2010) (abuse-of-discretion review for evidentiary rulings)
- Schutz v. State, 957 S.W.2d 52 (Tex. Crim. App. 1997) (lay witnesses may not give opinion on complainant’s veracity as to specific allegations)
- Motilla v. State, 78 S.W.3d 352 (Tex. Crim. App. 2002) (harmless-error standard for nonconstitutional error)
- Carter v. State, 309 S.W.3d 31 (Tex. Crim. App. 2010) (failure to give Miranda warnings before custodial questioning generally requires exclusion of statements)