Laura Carsner v. State
2013 Tex. App. LEXIS 12563
| Tex. App. | 2013Background
- Carsner was convicted of capital murder for killing Irma Quiroz and Javier Quiroz on August 29, 2009, and was sentenced to life without parole.
- Evidence at trial linked CPS involvement over Andrea, Carsner's granddaughter, with allegations of abuse, neglect, and questions about Andrea's placement and visits.
- A CPS hearing in July 2009 and a subsequent hearing August 28, 2009 revealed unsupervised visits and Carsner's claim of prior sexual abuse by Javier; the CASA, Hardin, recommended continued unsupervised visits despite concerns.
- Carsner learned details of Andrea's alleged sexual abuse during the August hearing and feared for Andrea's and her own safety, prompting a plan to remove Andrea from the Quirozes with a gun.
- On August 29, 2009, Carsner confronted the Quirozes with a firearm, killing them; she claimed she did not intend to kill but feared the Quirozes would disarm her.
- After trial, Carsner moved for a new trial alleging newly discovered evidence (Henry O’Hara’s statements) that could rebut claims of recent fabrication of her abuse allegations; the court denied the motion.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court abused discretion denying a new-trial motion | Carsner: Keeter four-prong test satisfied; evidence not mere cumulative | State: evidence cumulative/corroborative; likely would not change result | Keeter prongs satisfied; remand for new trial |
| Whether the court should have given a self-defense instruction | Carsner: should have been instructed on self-defense | State: no basis to give self-defense instruction | Not reached due to sustained Issue 1 |
Key Cases Cited
- Keeter v. State, 74 S.W.3d 31 (Tex. Crim. App. 2002) (four-prong materiality test for new-trial relief)
- Hammons v. State, 239 S.W.3d 798 (Tex. Crim. App. 2007) (prior consistent statements admissible to rebut fabrication motive)
- Dowthitt v. State, 931 S.W.2d 244 (Tex. Crim. App. 1996) (relevance of prior statements and evidence foundations)
- Flores v. State, 245 S.W.3d 432 (Tex. Crim. App. 2008) (conviction and lesser-included offenses; rational belief standard)
- Carlisle v. State, 549 S.W.2d 698 (Tex. Crim. App. 1977) (evidence not merely cumulative or corroborative)
- Herndon v. State, 215 S.W.3d 901 (Tex. Crim. App. 2007) (abuse of discretion standard for trial rulings)