Weekly Case Summaries: January 19, 2018

 Texas Courts of Appeals

Lamerand v. State

No. 01-16-00883-CR        1/11/18

Issue:

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

Holding:

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. 

Commentary:

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.

Announcements

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