Wise v. State
364 S.W.3d 900
| Tex. Crim. App. | 2012Background
- Wise, the appellant, was convicted on ten counts of possession of child pornography found in the free space of his computer hard drive.
- The Court of Appeals held the evidence insufficient to prove knowingly possessed the images, potentially due to innocent placement.
- The State petitioned for discretionary review challenging the insufficiency standard and the court’s application of Jackson v. Virginia.
- The Supreme Court of Texas reversed the Court of Appeals, holding the evidence could support knowing possession when viewed cumulatively.
- The majority reaffirmed that sufficiency is assessed from the perspective of the jury’s verdict and the totality of the evidence, including appellant’s history and behavior.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Standard of review for possession of child pornography in free space | Wise argued insufficient evidence under traditional present-possession framing | State argued the standard should assess cumulative evidence for knowing possession | Standard applied should consider cumulative force of all evidence for knowledge of possession |
| Whether the evidence shows knowledge of possession despite lack of access to deleted files | Wise contends deleted free-space files negate knowledge or control | State contends evidence supports knowing possession when viewed with other testimony | Evidence supports knowing possession when viewed in light of appellant’s history and circumstantial evidence |
| Whether viruses or prior owner could explain the images in free space | Wise claimed viruses or prior owner could place images without his knowledge | State argued those hypotheses do not exonerate knowledge of possession | Court rejected these alternative hypotheses as controlling; total evidence supports knowledge of possession |
Key Cases Cited
- Jackson v. Virginia, 443 U.S. 307 (1979) (reasonable-doubt standard for appellate review of sufficiency of evidence)
- Geesa v. State, 820 S.W.2d 154 (Tex. Crim. App. 1991) (abrogates strict requirement to disprove all plausible innocent explanations)
- Brooks v. State, 323 S.W.3d 893 (Tex. Crim. App. 2010) (sufficiency review uses cumulative evidence favoring verdict)
- Hooper v. State, 214 S.W.3d 9 (Tex. Crim. App. 2007) (weight/credibility resolved by factfinder; review deferential to verdict)
- Moreland v. United States, 665 F.3d 137 (5th Cir. 2011) (deleted files; evidentiary standards for possession in computer forensics)