Weekly Case Summaries: 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.

TDCAA is pleased to offer these unique case summaries from the U.S. Supreme Court, the Fifth Circuit Court of Appeals, the Texas Court of Criminal Appeals, the Texas Supreme Court, the Texas Courts of Appeals and the Texas Attorney General. In addition to the basic summaries, each case will have a link to the full text opinion and will offer exclusive prosecutor commentary explaining how the case may impact you as a prosecutor. The case summaries are for the benefit of prosecutors, their staff members, and members of the law enforcement community. These summaries are NOT a source of legal advice for citizens. The commentaries expressed in these case summaries are not official statements by TDCAA and do not represent the opinions of TDCAA, its staff, or any member of the association. Please email comments, problems, or questions to [email protected].