Theadric Lee v. State
418 S.W.3d 892
Tex. App.2013Background
- Rodriguez died from gunshot wounds after robbers intruded Norwood’s home; Lee was tried for felony murder related to the robbery and gunfight.
- Jury convicted Lee of felony murder, based on his role in the robbery and ensuing shooting, with instructions on liability for co‑defendants’ conduct.
- State introduced Rodriguez’s autopsy report and autopsy photos; Dr. Luisa Florez authored the report and was later indicted for perjury.
- To preserve confrontation issues, State had Dr. Milton testify about findings from Florez’s report without calling Florez to testify.
- Lee lodged Confrontation Clause objections to the autopsy report and Milton’s testimony; objections to photographs were raised but preservation issues arose.
- Court held the autopsy report was testimonial and admitted in violation of Confrontation Clause, but error was harmless beyond a reasonable doubt.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Autopsy report admissibility under Confrontation Clause | Lee: report testimonial; violated confrontation rights. | State: no additional argument beyond concession of error. | Violation conceded but harmless beyond reasonable doubt. |
| Autopsy photographs preservation of Confrontation objection | Lee: photographs were testimonial; objection preserved. | State: objection not preserved; waived on appeal. | Objection not preserved; waiver applies. |
| Milton testimony and incorporation of Florez’s statements | Lee: Milton repeated Florez statements; violated Confrontation Clause. | State: Milton’s testimony largely independent; any repetition was cumulative. | Milton testimony did not violate Confrontation Clause; any error was harmless. |
Key Cases Cited
- Bullcoming v. New Mexico, 131 S. Ct. 2705 (2011) (forensic certificates are testimonial)
- Melendez-Diaz v. Massachusetts, 557 U.S. 305 (2009) (forensic test reports are testimonial)
- Langham v. State, 305 S.W.3d 568 (Tex. Crim. App. 2010) (defines types of testimonial statements)
- Wood v. State, 299 S.W.3d 200 (Tex. Crim. App. 2009) (confrontation issues with expert testimony; independence of evidence)
- Campos v. State, 256 S.W.3d 757 (Tex. App.—Houston [14th Dist.] 2008) (autopsy report non-testimonial in some contexts (overruled by Bullcoming/Melendez-Diaz))
- Ex Parte Luna, 401 S.W.3d 329 (Tex. App.—Houston [14th Dist.] 2013) (binding approach to federal constitutional issues)