Queeman v. State
520 S.W.3d 616
| Tex. Crim. App. | 2017Background
- Queeman convicted of criminally negligent homicide for rear-ending Luna’s SUV, which rolled and collided with an oncoming truck, killing Olga Deleon.
- SUV had brake lights on and turn signal, with Luna reportedly preparing to turn left; appellant claimed speed ~36–37 mph within a 40 mph limit.
- Trooper Welch testified appellant was traveling faster than claimed and likely over the limit, but could not quantify pre-impact speed and did not cite speeding.
- Court of Appeals reversed and acquitted, finding the evidence insufficient to show excessive speed or a gross deviation from ordinary care.
- Texas Supreme Court granted discretionary review to address (1) whether failing to maintain safe speed/distance qualifies as an unexplained failure, and (2) whether the appeals court properly reviewed sufficiency by not accepting evidence supporting the verdict.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Is failure to maintain safe speed and proper distance a gross deviation? | Queeman argued the conduct created a substantial risk. | Queeman argued the evidence showed ordinary negligence only. | No; no gross deviation shown; insufficient for criminal negligence. |
| Did the court of appeals properly apply sufficiency review and credit the verdict evidence? | State contends appeals court ignored favorable evidence and drew contrary inferences. | Queeman argues proper viewing favors verdict; court erred in treating facts as non-gross. | Court correctly found insufficient evidence of gross deviation; affirmed court of appeals. |
Key Cases Cited
- Montgomery v. State, 369 S.W.3d 188 (Tex. Crim. App. 2012) (upholds criminal negligence where risk was substantial and deviation from care was gross under circumstances)
- Tello v. State, 180 S.W.3d 150 (Tex. Crim. App. 2005) (affirmed criminal negligence where risk was substantial and failure to perceive was a gross deviation)
- Boutin v. People, 556 N.Y.S.2d 1 (N.Y. Ct. App. 1990) (unexplained failure alone not criminal negligence; risk must be substantial and blameworthy)
- Moore v. State, 214 S.W.3d 9 (Tex. Crim. App. 2007) (discusses scaling of risk and gross deviation in criminal negligence context)