Trace Rogers Smith v. State
01-15-00366-CR
| Tex. App. | Aug 12, 2015Background
- Appeal from a conviction for attempted capital murder, aggravated kidnapping, aggravated robbery, and tampering with evidence in Comal County; jury trial Feb 23–Mar 2, 2015; Smith sentenced to 42 years, 10 years, and 5 years on four counts.
- State disclosed Clint Barkley’s prior murder conviction after trial; appellate counsel received a letter and it was filed in the record.
- Dana Huth was found injured Dec 9, 2015; events occurred at Mike Chapin’s house with Heather Richards, Kayla Lardieri, Sheena Hopkins; Smith carried Dana naked to a shed and aided the assault.
- Barkley testified Trace guarded the door and was involved in the bedroom conduct; credibility issues arose because Barkley, an uninvolved witness, was soberer than other witnesses.
- Jury instruction on attempted capital murder required acts of stabbing, striking, or kicking; evidence did not show Trace committed these acts; testimony suggested Trace’s involvement was limited to aiding after the initial assault.
- The issue presents whether undisclosed Brady material about Barkley was material to Trace’s guilt as a party and whether the trial resulted in a fair verdict.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Brady materiality of Barkley’s prior conviction | Smith | Smith | Brady material; undisclosed evidence could have changed outcome |
| Trace’s connection to the attempted capital murder as a party | Barkley’s testimony showed Trace aided; credibility issue supports conviction | Accomplice-witness rule requires corroboration; Barkley alone insufficient | Barkley’s testimony insufficient without corroborating evidence; potential materiality |
Key Cases Cited
- Bagley v. United States, 473 U.S. 667 (U.S. Supreme Court 1985) (materiality requires reasonable probability of different outcome with undisclosed evidence)
- Hampton v. State, 86 S.W.3d 606 (Tex. Crim. App. 2004) (materiality balancing of favorable vs. evidence supporting conviction)
- Kyles v. Whitley, 514 U.S. 419 (U.S. Supreme Court 1995) (materiality assessed across the whole record, not item-by-item)
- United States v. Agurs, 427 U.S. 97 (U.S. Supreme Court 1976) (impeachment evidence and materiality under Brady)
- Hall v. State, 283 S.W.3d 137 (Tex. App. – Austin 2009) (Brady evidence assessment on appeal includes overall impact on fairness)