Ricardo L. Hernandez v. State
2012 Tex. App. LEXIS 9365
| Tex. App. | 2012Background
- Hernandez was convicted of capital murder and sentenced to life without parole in Texas court.
- Detective Davila gave Hernandez Miranda warnings at the scene and again at the Sheriff's Department, and Hernandez signed a written acknowledgment.
- Hernandez provided a lengthy confession after receiving warnings, during which there were few interruptions from police.
- Before trial, Hernandez moved to suppress the statements as involuntary under Article 38.22 and the Fifth Amendment.
- The trial court denied suppression; the case then proceeded to jury trial, where a recording of the interview was admitted.
- Hernandez challenged (1) the voluntariness of waiver and (2) the court’s handling of a jury-back reading request; the appellate court affirms.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Hernandez knowingly, intelligently, and voluntarily waived rights | Hernandez argues waiver was involuntary | State contends waiver was voluntary under totality of the circumstances | Waiver was voluntary under totality of circumstances |
| Admissibility of the confession after Miranda/38.22 warnings | Confession was involuntary | Warnings were proper and understood; waiver valid | Confession admissible; waiver valid |
| Reading back testimony to jury under Article 36.28 | Trial court erred in reading back disputed testimony | Jurors explicitly disputed a point; reading back appropriate | Trial court did not abuse discretion; reading back appropriate under 36.28 |
Key Cases Cited
- Berghuis v. Thompkins, 560 U.S. 370 (2010) (implied waiver permissible when conduct shows knowing waiver; not required to expressly waive)
- Joseph v. State, 309 S.W.3d 20 (Tex. Crim. App. 2010) (explicit/implicit waivers instructed by totality of circumstances)
- Leza v. State, 351 S.W.3d 344 (Tex. Crim. App. 2011) (totality-of-circumstances review for waiver; voluntariness by conduct)
- Watson v. State, 762 S.W.2d 591 (Tex. Crim. App. 1988) (no express waiver required; conduct can indicate waiver)
- North Carolina v. Butler, 441 U.S. 369 (1981) (totality-of-circumstances for waiver)
- Colorado v. Spring, 479 U.S. 564 (1987) (questioning about charges does not render statements involuntary)
- Howell v. State, 175 S.W.3d 786 (Tex. Crim. App. 2005) (read-back discretionary; need dispute shown by jury)
- Robison v. State, 888 S.W.2d 473 (Tex. Crim. App. 1994) (standard for reading back testimony; abuse of discretion requires dispute)
- Hester v. State, 535 S.W.2d 354 (Tex. Crim. App. 1976) (considerations on findings under 38.22)