State v. Cynthia Ambrose
2015 Tex. App. LEXIS 21
| Tex. App. | 2015Background
- Ambrose was charged with Official Oppression for directing/allowing students to strike A.N. in Ambrose's kindergarten class.
- The trial court granted Ambrose a new trial, ruling the absence of an accomplice-witness instruction egregiously harmed her.
- The State appeals, arguing lack of instruction did not cause egregious harm and the trial court erred in sua sponte ruling.
- The State presented testimony from Ramirez, Large, Spellmann, and students about Ambrose's role and policy violations.
- Ambrose testified she did not instruct students to hit A.N. and provided an alternative sequence of events.
- The appellate court held the record does not show egregious harm, reversed the trial court, and remanded for further proceedings.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the accomplice-witness instruction omission caused egregious harm | Ambrose | No egregious harm; instruction omission not outcome-determinative | |
| Standard of review for new-trial order on charge error | Ambrose | Almanza harm standard governs; abuse-of-discretion not applicable | |
| Whether Ramirez was an accomplice requiring instruction | Ambrose | Assumed accomplice for analysis; corroboration sufficient absent instruction | |
| Effect of non-accomplice corroboration on harm analysis | Ambrose | Non-accomplice corroboration viewed as sufficient; not exceedingly weak | |
| Impact of trial court’s factual findings on egregious-harm analysis | Ambrose | Record supports the State's corroboration; trial court erred in granting new trial |
Key Cases Cited
- Zamora v. State, 411 S.W.3d 504 (Tex.Crim.App. 2013) (requires jury instruction on law applicable to the case)
- Tex. Code Crim. Proc. art. 38.14, -- (--) (accomplice testimony requires corroboration for conviction)
- Perez v. State, 437 S.W.3d 610 (Tex.App.-San Antonio 2014) (non-accomplice evidence need not be sufficient alone)
- State v. McKnight, 213 S.W.3d 915 (Tex.Crim.App. 2007) (review of new-trial orders for charge error under Almanza)
- Almanza v. State, 686 S.W.2d 157 (Tex.Crim.App. 1984) (harm standard for new-trial based on jury instruction error)