Henley v. State

493 S.W.3d 77, 2016 Tex. Crim. App. LEXIS 110, 2016 WL 3564247
CourtCourt of Criminal Appeals of Texas
DecidedJune 29, 2016
DocketNO. PD-0257-15
StatusPublished
Cited by385 cases

This text of 493 S.W.3d 77 (Henley v. State) is published on Counsel Stack Legal Research, covering Court of Criminal Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Henley v. State, 493 S.W.3d 77, 2016 Tex. Crim. App. LEXIS 110, 2016 WL 3564247 (Tex. 2016).

Opinions

OPINION

Richardson , J.,

delivered the opinion of the Court

in which-Meyers, Johnson, Keasler, Alcala, and Yeary, JJ. joined.

Appellant, Gregory Shawn Henley, was found guilty by a jury of misdemeanor assault causing bodily injury to a family member/ He was sentenced to confinement for ‘200 days in the Tarrant County Jail. Appellant complained on appeal that the trial court excluded evidence that appellant sought to introduce in support'of his claim of defense of a third person.1 Specifically, appellant claimed that he was justified in pulling his ex-wife out of her car by her hair, punching her in the face several times- (resulting in two severe black eyes and several cuts and bruises), and hitting her head- against the concrete driveway, because he was concerned that his ex-wife was -not a fit parent and wanted to protect his two.sons from the possibility of being harmed at some future time by [82]*82people who were not present at the time of the assault.

The Second Court of Appeals concluded that appellant should be able to present evidence in support of this purported justification defense. We disagree. Appellant’s claim in no way constitutes a valid claim of defense of a third person under Section 9.33. Even if appellant’s concerns were legitimate, the evidence he sought to introduce did not give rise to any type of justification defense. Appéllant’s ex-wife posed no immediate threat to his sons. In fact, no one posed an immediate' threat to his sons. The evidence appellant sought to ■introduce in support of his purported justification defense was irrelevant. Evidence that is not relevant is inadmissible. The trial court judge did not abuse her discretion by excluding it. We reverse the decision of the court of appeals and reinstate appellant’s conviction.

BACKGROUND

Appellant and his ox-wife, Brandy Gill-ingham, were engaged in a custody battle. The family court had issued a temporary order, providing that their two sons would live with appellant while their permanent custody case was pending. The order specified that Brandy was to have supervised visitation on the weekends and that the visits were to be supervised by Brandy’s mother or father.2

On March 3, 2012, Brandy and her mother went to appellant’s house to pick up the children for her court-ordered supervised visitation. When they arrived to pick up the boys, Brandy would not speak with appellant other than to tell him to bring the children to the car. Appellant refused to get the boys, so Brandy called 911, claiming that appellant was violating the court order that allowed her visitation. That prompted appellant to bring the boys to the car and put them in the backseat. Brandy was sitting in the driver’s seat of the car waiting on the police to arrive3 when appellant attempted to force the car door open. He broke the car door’s handle. When Brandy opened the car door and leaned over to retrieve the handle, appellant pulled Brandy out of the car by her hair, hit her in the face with his fists, and knocked her head against the concrete driveway. He also shoved Brandy’s mother, who fell backwards onto the concrete, suffering a broken arm. Appellant then got in his car and drove away.

At trial, appellant’s justification defense was that he believed he needed to assault Brandy to protect his sons. Appellant’s counsel requested that he be allowed to put forth evidence to support his claim of defense of a third person. He asked the court to permit him to cross-examine Brandy about allegations of misconduct by Douglas Gillingham, whom she married after she divorced appellant, and allegations of sexual abuse of the two boys by Douglas’ eleven-year-old former stepson. Appellant also sought to introduce his own testimony that, if Brandy left his house with their sons, he believed she would allow the boys to come in contact with Douglas and the former stepson, and this would put them in a dangerous situation. Appellant asserted that this evidence supported his claim of defense of a third person, and the jury should have been allowed to consider it. The trial court ruled that the evidence was inadmissible.

ANALYSIS

We review a trial judge’s decision to admit or exclude evidence under an [83]*83abuse of discretion standard. A trial judge abuses her discretion when her decision falls outside the zone of reasonable disagreement.4 Before a reviewing court may reverse the trial court’s decision, “it must find the trial court’s ruling was so clearly wrong as to lie outside the zone within which reasonable people might disagree.” 5

Finding a piece of evidence to be relevant is the first step in a trial court judge’s determination of whether the evidence should be admitted before the jury.6 Even though our rules “favor the admission of all logically relevant evidence for the jury’s consideration,”7 the trial court judge is .still in charge of making the threshold decision as to whether evidence is relevant or not, and her decision will not be disturbed on appeal unless it is “clearly wrong.”8

A defendant’s right to present evidence relevant to a valid justification defense should not be confused with a defendant’s right to present'his case-in-chief. A defendant has the right to put on his casein-chief, but that right is not without limitations. A defendant does not have an unfettered right to present evidence that has no relevance. In citing to United States Supreme, Court case law, this Court has held that “[a] defendant has a fundamental right to present evidence of a defense as long as the evidence is relevant and is not excluded by an established evi-dentiary rule.”9 Only relevant evidence is admissible, and the trial court judge has the discretion to exclude irrelevant evi-dénce.10

Relevant evidence is evidence having any tendency to make the existence of any fact that- is of consequence to the determination of the action more probable or less probable than it would be without the evidence.11 Thus, to be relevant, evidence must be material and probative.12 For evidence to be • material, it- must be shown to be addressed to the proof of a material proposition, which is “any fact that is of consequence to the determination of the action.”13 “If the evidence is offered to help prove a proposition which is not a matter in issue, the evidence is immaterial.” 14 For evidence, to be probative, it “must tend to make the existence of the [84]*84fact ‘more or less probable than it would be without the evidence.’ ”15

“Relevancy is defined to be that which conduces to the proof of a pertinent hypothesis — a pertinent hypothesis being one which, if sustained would logically influence the issue.”16 Thus, if no “issue” in the case could be influenced by the proffered evidence, then that evidence is irrelevant and'thus inadmissible. “Relevancy is not an inherent characteristic of any item of evidence but exists as a relation between an item of evidence and a matter properly provable in the case.”17

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Cite This Page — Counsel Stack

Bluebook (online)
493 S.W.3d 77, 2016 Tex. Crim. App. LEXIS 110, 2016 WL 3564247, Counsel Stack Legal Research, https://law.counselstack.com/opinion/henley-v-state-texcrimapp-2016.