Mosley v. State
355 S.W.3d 59
Tex. App.2011Background
- Mosley, mother of six, planned to travel to Africa for six weeks to marry a Benin-born husband and help him establish a nonprofit.
- Her sister Shaqual Mosley was to supervise the children; a backup plan was a friend, Harrison, supervising if Shaqual failed to arrive.
- Mosley left cash, medical records, and emergency contacts with a teenage daughter (E.M. 15) and other provisions for six weeks.
- Shaqual could not secure transportation; Mosley proceeded with travel arrangements and assumed Shaqual would arrive in Houston before departure.
- Upon Mosley’s departure, Shaqual never arrived; E.M., a juvenile probationer, took on primary caregiving for younger children.
- A welfare check on January 2 revealed seven children, hungry and unsupervised, with one-year-old J.R. dehydrated; CPS took the children into custody.
- Mosley eventually learned of CPS intervention after returning from Africa and attempted to adjust travel plans; she contends no adult supervision was planned if Shaqual failed to arrive.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Intent to abandon | Mosley intentionally abandoned children by leaving them with inadequate supervision. | Mosley believed Shaqual would care for the children; intended abandonment not proven. | Sufficient evidence supports intent to abandon |
| Abandonment under circumstances exposing to unreasonable risk | Leaving four young children with a teenage caretaker created an unreasonable risk. | There was a backup plan and intermittent supervision by others; risk contested. | Sufficient evidence supports exposure to unreasonable risk |
| Legal sufficiency / intent tied to abandonment standard | Evidence demonstrates intentional act leaving children without reasonable care. | Sufficient but disputable in light of Shaqual’s absence; some supervision existed. | Evidence supports the applicable mental-state element of abandonment |
| Factual sufficiency / weight of evidence | Neutral review would still support verdict; weight of evidence favors abandonment. | Neutral weighing could undermine verdict; evidence may be too weak. | Court affirms sufficiency under factual-conclusion framework |
| Admission of Samuy's telephone testimony | Voice authentication of Shaqual via speakerphone should be allowed as identification. | Voice authentication insufficient; hearsay weight and reliability questioned. | Trial court did not abuse discretion; testimony properly admitted |
Key Cases Cited
- Schultz v. State, 923 S.W.2d 1 (Tex. Crim. App. 1996) (abandonment requires intentional leaving under objectively unreasonable circumstances)
- Vodochodsky v. State, 158 S.W.3d 502 (Tex. Crim. App. 2005) (fact-based sufficiency review can reverse when evidence is weak)
- Laster v. State, 275 S.W.3d 512 (Tex. Crim. App. 2009) (factual sufficiency review is constrained by the constitutional clause)
- Ex parte Schuessler, 846 S.W.2d 850 (Tex. Crim. App. 1993) (limits on appellate standard of review for facts)
- Meraz v. State, 785 S.W.2d 146 (Tex. Crim. App. 1990) (constitutional framework for fact review in appeals)