Hoyos v. State

982 S.W.2d 419, 1998 Tex. Crim. App. LEXIS 153, 1998 WL 797002
CourtCourt of Criminal Appeals of Texas
DecidedNovember 18, 1998
Docket0050-98
StatusPublished
Cited by162 cases

This text of 982 S.W.2d 419 (Hoyos 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
Hoyos v. State, 982 S.W.2d 419, 1998 Tex. Crim. App. LEXIS 153, 1998 WL 797002 (Tex. 1998).

Opinions

OPINION

KELLER, J.,

delivered the opinion of the Court

in which McCORMICK, P.J., and MEYERS, MANSFIELD, PRICE, HOLLAND and WOMACK, JJ., joined.

The issue in the present case is whether the Confrontation Clause of the Sixth Amendment was violated when the trial court excluded evidence regarding the anticipated filing by the complainant against a third party of a civil lawsuit for damages arising from the crime being prosecuted.1 Appellant contends that the anticipated civil claim was relevant to show the complainant’s bias as a witness. While we agree that a complain[420]*420ant’s civil claim against a third party may be relevant, under the proper circumstances, to show the complainant’s bias, we hold that appellant failed to demonstrate at trial the relevance of the proffered testimony.

I.

The complainant, a fifty-eight year old woman, lived in an apartment. On November 17, 1994, four men forced entry into the apartment and assaulted various family members. One of the men demanded money, hit the complainant with a revolver several times, threatened to kill her, and shot her once in the thigh. Appellant was later arrested and tried for aggravated robbery. The complainant identified appellant as one of the robbers, and he was convicted and sentenced.

During trial, appellant attempted to introduce evidence that the complainant had hired an attorney to file a civil lawsuit against her apartment complex for failing to maintain effective security. The trial court expressed doubt concerning the admissibility of the proffered evidence because appellant would not be named in the lawsuit. The trial court opined that the lawsuit might nevertheless be relevant if appellant were contesting the occurrence of the crime itself, but the court remarked that appellant was contesting only the complainant’s identification of him as one of the perpetrators. Under those' circumstances, the trial court reasoned, the outcome of appellant’s criminal trial was irrelevant to the outcome of the civil lawsuit: the identity of the perpetrator of the crime had no bearing upon whether the apartment complex failed to maintain adequate security to prevent the crime (whoever the perpetrator may have been). Hence, the lawsuit gave the complainant no incentive to testify at the criminal trial that appellant was among the perpetrators.

The trial court, however, deferred its decision on the issue for one day in order to give appellant and the State the opportunity to present authorities. The trial court further commented that there is “[n]o reason to show me authority if she was going to file suit against the person on trial. I agree under those circumstances it’s probably a legitimate inquiry.” After brief argument the next day, the trial court excluded the evidence “based upon the record thus far.” During the discussions on these two days, appellant never contended that the complainant would or might name him as a party to the civil lawsuit, and appellant never contended that he was contesting whether the complainant was in fact robbed and assaulted. In fact, appellant articulated no reason for believing the civil lawsuit would cause the complaining witness to be biased in her testimony in the criminal case. Appellant’s position apparently was that bias could be inferred from the mere fact that the complainant contemplated a civil lawsuit based upon the events giving rise to the criminal prosecution. Appellant made no further attempts to offer the evidence at trial. During a hearing on his motion for new trial, appellant elicited some evidence that he contends shows that the civil lawsuit was relevant to proving the complainant’s bias.2

Relying, among other things, upon this Court’s decisions in Shelby v. State, 819 S.W.2d 544 (Tex.Crim.App.1991) and Cox v. State, 523 S.W.2d 695 (Tex.Crim.App.1975), the Court of Appeals affirmed the conviction for essentially the same reasons articulated by the trial court. Relying in part upon Davis v. Alaska, 415 U.S. 308, 316, 94 S.Ct. 1105, 39 L.Ed.2d 347 (1974) and upon our decisions in Shelby, Carroll v. State, 916 S.W.2d 494 (Tex.Crim.App.1996), and Blake v. State, 365 S.W.2d 795 (Tex.Crim.App.1963), appellant contends that the courts below erred in finding the evidence to be irrelevant to show bias.

II.

Without question, a witness’ bias is a relevant issue at trial, and the Confrontation Clause gives a criminal defendant the right to explore potential biases of an accus[421]*421ing witness through cross-examination. Davis, 415 U.S. at 316, 94 S.Ct. 1105. “A defendant is entitled to pursue all avenues of cross-examination reasonably calculated to expose a motive, bias, or interest for the witness to testify.” Carroll, 916 S.W.2d at 497. We have held that “[t]he fact that a witness has brought a civil suit against the defendant growing out of the same incident is admissible as tending to show interest and bias.” Cox, 523 S.W.2d at 700 (emphasis added). The question remains whether, and under what circumstances, evidence of a complainant’s civil suit against a third party is relevant to show bias.

Appellant relies upon Shelby and Blake for the proposition that any lawsuit by a complainant based upon the same occurrence as the alleged offense is relevant to show bias. His reliance upon those cases is misplaced. Blake is clearly distinguishable because the defendant in that case was a party to the civil lawsuit. 365 S.W.2d at 796. Shelby requires a little more discussion.

In Shelby, the defendant was on trial for sexually assaulting a child under the age of fourteen. 819 S.W.2d at 548. The child told his mother that the defendant — who was employed by the apartment complex in which they lived to clean its swimming pools — had pulled complainant’s clothes off, touched his private parts, and penetrated his anus with a finger. Id, The State offered the mother’s testimony as an outcry witness but offered no independent medical evidence to corroborate the child’s story. Id.3 The defendant attempted to introduce evidence of a pending lawsuit for damages by the complainant’s mother against the apartment complex, but the trial court excluded the evidence. Id. at 545. In a previous, unpublished opinion, we had held that the tidal court’s action improperly limited the scope of appellant’s cross-examination. After discussing our previous opinion, we proceeded to conduct a harm analysis.

Aside from being concerned with the appropriate harm analysis rather than with whether a Confrontation Clause error oc-eurred, we find Shelby distinguishable in a couple of respects. First, the record in Shelby showed that the defendant was employed by the apartment complex.

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Bluebook (online)
982 S.W.2d 419, 1998 Tex. Crim. App. LEXIS 153, 1998 WL 797002, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hoyos-v-state-texcrimapp-1998.