January 19, 2018

 Texas Courts of Appeals

Lamerand v. State

No. 01-16-00883-CR        1/11/18


Is evidence of a defendant’s attempted suicide after the offense relevant and admissible?


Yes. “Evidence that a defendant attempted suicide after the offense is relevant to show the defendant’s consciousness of guilt. … And evidence of a consciousness of guilt, in turn, is relevant to show that the defendant committed the offense.” Even if the defendant maintains his innocence, a jury could reasonably infer that the suicide attempt was an attempt to avoid prosecution and shows consciousness of guilt. Read opinion. 


The court gives a thorough analysis of the attempted suicide’s admissibility in the face of the defendant’s 404(b) objection. There is not much that screams “consciousness of guilt” more than a defendant trying to shoot himself.


The National District Attorneys Association is holding a Digital Prosecutor training course in San Antonio February 19–22. The course is designed to assist the prosecution team in understanding and utilizing technology in investigation and trial, as well as learning how suspects are using technology. Early-bird pricing is available only until today, January

19! Visit our site for more information.