Skillern v. State
2011 Tex. App. LEXIS 4775
| Tex. App. | 2011Background
- Appellant Melissa Skillern was convicted of misapplication of fiduciary property valued between $20,000 and $100,000 from Kenneth Skillern, her elderly grandfather.
- Kenneth and Peggy Skillern held a joint bank account with right of survivorship; appellant was added as a joint owner in 2003.
- Peggy died in 2004; after that, Silverado staff and APS investigated Kenneth's unpaid Silverado bills and appellant’s handling of funds.
- Detective Stepp testified that, from 11/2003 to 9/2004, appellant transferred over $32,000 from the Joint Account to her personal account and paid about $8,000 of Kenneth’s Silverado expenses, with other funds spent on herself.
- The only document tying appellant to a financial agreement was the joint-account ownership; witnesses did not present a written, specific agreement restricting use of funds.
- The trial court suspended appellant’s prison term and ordered restitution; the appellate court dismissed several related appellate causes for lack of jurisdiction.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of the evidence | Skillern argues there was no probative evidence of misapplication under an agreement. | State contends there was an implied or external duty by appellant as fiduciary and misapplication occurred. | Evidence insufficient; acquittal. |
Key Cases Cited
- Jackson v. Virginia, 443 U.S. 307 (U.S. 1979) (standard for factual sufficiency in criminal trials)
- Gonzalez v. State, 954 S.W.2d 98 (Tex.App.-San Antonio 1997) (evidence of misapplication requires an established duty and breach)
- Bynum v. State, 767 S.W.2d 769 (Tex.Crim.App. 1989) (definition of fiduciary and misapply concepts; duty and agreement scope)
- Amaya v. State, 733 S.W.2d 168 (Tex.Crim.App. 1986) (breach of fiduciary duty under an agreement; notice to defendant)
- Stauffer v. Henderson, 801 S.W.2d 858 (Tex. 1990) (significance of signatures and account control in fiduciary context)
- Williams v. State, 235 S.W.3d 742 (Tex.Crim.App. 2007) (standard for reviewing sufficiency; deference to fact-finder)
- Roberson v. State, 80 S.W.3d 730 (Tex.App.-Houston [1st Dist.] 2002) (acquittal when evidence fails to prove essential elements)
- River Forest Dev. Co. v. City of Houston, 315 S.W.3d 128 (Tex.App.-Houston [1st Dist.] 2010) (jurisdictional considerations in appellate review)