568 S.W.3d 667
Tex. Crim. App.2018Background
- After a dispute outside an Austin nightclub, Kaitlyn Ritcherson allegedly stabbed Fatima Barrie in the chest; Fatima later died from a pulmonary artery puncture.
- Appellant was initially charged with aggravated assault; after Fatima died she was tried for murder under Tex. Penal Code § 19.02(b)(1) & (b)(2) (intentional/knowing murder and intent to cause serious bodily injury via an act clearly dangerous to human life).
- First trial ended in a mistrial (11–1 guilty vote). At the second trial the court refused Ritcherson’s requested lesser-included instructions for manslaughter and negligent homicide; the jury convicted and sentenced her to 25 years.
- Key testimonial evidence: multiple witnesses saw an altercation, some observed Appellant with a knife and others saw a stabbing; witness testimony differed on whether the stab was reflexive/reactionary after Appellant was struck and on knife size. Medical testimony showed a 2–2.5+ inch blade punctured the pulmonary artery.
- Appellant argued on PDR that her mental state could reasonably be viewed as reckless (manslaughter) and that Saunders v. State should have been applied; the court of appeals affirmed the trial court and this Court granted review.
Issues
| Issue | Plaintiff's Argument (Ritcherson) | Defendant's Argument (State) | Held |
|---|---|---|---|
| Whether Ritcherson was entitled to a manslaughter lesser-included instruction | Evidence (e.g., Ryan’s testimony calling the stab a “reflex”/reaction and disputed knife size) could be reasonably interpreted to show reckless conduct only | Evidence showed a voluntary stabbing with a deadly weapon causing a fatal wound; Saunders should be overruled or is inapplicable | Not entitled to manslaughter instruction; conviction affirmed |
Key Cases Cited
- Saunders v. State, 840 S.W.2d 390 (Tex. Crim. App. 1992) (standard for when evidence susceptible to multiple interpretations raises a lesser-included offense)
- Rousseau v. State, 855 S.W.2d 666 (Tex. Crim. App. 1993) (two-step analysis for lesser-included offenses)
- Bullock v. State, 509 S.W.3d 921 (Tex. Crim. App. 2016) (compare statutory elements and consider indictment averments; require evidence a rational jury could find only lesser offense)
- Cavazos v. State, 382 S.W.3d 377 (Tex. Crim. App. 2012) (use of deadly weapon may permit inference of intent to kill; distinguished on facts)
- Enriquez v. State, 21 S.W.3d 277 (Tex. Crim. App. 2000) (appellate courts cannot isolate portions of testimony; must view entire record when assessing whether evidence raises a lesser offense)