Qualley v. State

206 S.W.3d 624, 2006 Tex. Crim. App. LEXIS 1007, 2006 WL 1408460
CourtCourt of Criminal Appeals of Texas
DecidedMay 24, 2006
DocketPD-1976-04, PD-1971-04
StatusPublished
Cited by51 cases

This text of 206 S.W.3d 624 (Qualley 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
Qualley v. State, 206 S.W.3d 624, 2006 Tex. Crim. App. LEXIS 1007, 2006 WL 1408460 (Tex. 2006).

Opinions

PER CURIAM.

These cases raise questions about how to evaluate the “prejudice” requirement for granting a severance of defendants. Because we conclude that the existence of “antagonistic defenses” does not by itself demonstrate prejudice, we reverse the judgment of the Court of Appeals.

I. BACKGROUND

A. Events Giving Rise to the Prosecution

Whisper Cheyann Lynd, the victim, was the two-year-old daughter of appellant Qualley. Appellant Moore was Qualley’s live-in boyfriend. The three of them lived together in Moore’s home. At 10:11 p.m. on January 3, 2002, Moore called 911 and advised the dispatcher that his child had fallen out of bed and was not responding. An ambulance was sent, but the emergency medical technician could not revive the child. Whisper was taken to the hospital, but she was dead on arrival. Examination by hospital personnel and a later autopsy revealed that the child’s body was riddled with injuries. There were forty-four bruises on the body, found variously on the [627]*627forehead, around the eyes, behind the ears, on the jaw, on the back of the knees, on the soles of the feet, and on the child’s arms, chest, and back. Some of these bruises were old while others were recent. Inspection of the inside of the child’s skull revealed a subdural hemorrhage, which was determined to be the fatal injury. One hundred and twenty milliliters of blood were found in the abdominal cavity while twenty-five milliliters were found in the brain. Combined, this amounted to one-fourth of the blood in the child’s body. The pathologist testified that it was one of the worst cases of child abuse that he had ever seen.

Pecos County Deputy Sheriff Tulon Murphy interviewed Moore. At first, Moore denied responsibility, but later in the interview, he confessed to causing Whisper’s death. Moore claimed that he did not mean to kill the child but lost his temper, that “this happens to me all the time for no reason at all,” and that he needed professional help. He also stated that Qualley had nothing to do with her daughter’s death.

B. Pre-Trial

Moore and Qualley were jointly charged in a three-count indictment in connection with Whisper’s death. Count I charged Moore and Qualley with capital murder by “intentionally and knowingly causing] the death of an individual under six years of age ... by causing blunt force trauma to the head of Whisper Cheyann Lynd.” Count II charged Qualley with capital murder by omission: having a legal duty as a parent to protect the child, and faffing to protect her from Moore. Count III charged Qualley with serious bodily injury to a child by omission by failing to protect her from Moore.

Well in advance of trial, both defendants moved for severance. Moore contended that Qualley had a prior admissible conviction, the introduction of which would be prejudicial to Moore at trial. Paradoxically, Moore also claimed that if the conviction were ruled inadmissible, “it should be considered exculpatory and mitigating” to Moore. Moore further claimed that Qual-ley had made statements incriminating him, and if she chose not to testify, admitting those statements would deprive Moore of his constitutional right to confrontation. Finally, Moore contended that a joint trial would be prejudicial because Moore and Qualley have antagonistic defenses. In support of his claim that the defenses were antagonistic, Moore’s motion stated: “[Qualley’s] position is that she does not know what happened and did not see the events that led up to the death of her child. Defendant Sonny Dale Moore will testify that he did not kill or injure the child, and that the only other person that was present was the Co-Defendant.” Moore claimed that this state of affairs made the defenses “ ‘mutually exclusive’ in the sense that a jury, in order to believe the core of one defense, must necessarily disbelieve the other.”

In support of her request for severance, Qualley contended: “Your Defendant ... does not know at this point but ... has reason to believe and does believe that her interest and the interest of Sonny Dale Moore are conflicting. Your Defendant has reason to believe and does believe that Sonny Dale Moore may change his statement and try to involve the instant Defendant in the death of the minor child.”

Before trial, the State abandoned Count I as to Qualley. It also appears that the trial court denied the motions for severance sometime before trial.1

[628]*628C. Trial

The appellants were adverse to each other at several points during the trial. In opening statement and closing argument, Qualley’s counsel accused Moore of brutally killing the child, while, in closing argument, Moore’s counsel accused Qualley of being the adult in charge whenever Whisper was injured. And, presenting a very different story from his earlier confession, Moore testified adversely to Qualley on direct examination:

Q. Now, Sonny, did you kill the child Whisper?
A. No, sir, I didn’t.
Q. Do you know who killed the child?
A. There was just me and her in the house and ...
Q. Okay, and when you say, “just me and her in the house”—
A. Me and Veronica.
Q. Did you see Veronica kill the child?
A. No, sir, I didn’t.
Q. But you know that you didn’t do it?
A. Yes, sir. I did not do it.

At this point, Moore’s attorney stated that those were all the questions he wanted to ask until severance was granted and re-urged his motion for severance. Qualley’s attorney adopted the re-urged motion. The trial court remarked that examination of the witness was not complete and made no ruling.

In cross-examination, Qualley’s attorney responded by confronting Moore with the fact that the child’s death was not an accident and asking Moore to explain who was responsible:

Q. You’re telling the Ladies and Gentlemen of this jury that you did not kill the little girl; is that correct?
A. That’s correct.
Q. You’ve seen, you’ve heard the pathologist testify that that child did not die by accident, that child was killed by someone?
A. Yes, sir. I know that now.
Q. And if you didn’t kill that child that evening who are you telling the jury killed that child?
A. It’s pretty obvious.
Q. Say who killed the child? Say the name of the person you claim killed the child that night?
A. There was only one other person in the house [sic] that was Veronica Dawn Qualley.

Qualley’s attorney also objected several times to testimony that Moore’s attorney attempted to elicit. The only testimony of significance, however, appears to relate to Qualley’s prior conviction. The admissibility of the conviction was litigated at several points during the trial.

First, Moore attempted to question the pathologist who conducted the autopsy about a medical report of an injury to another child of Qualley that had resulted in Qualley’s conviction.

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Cite This Page — Counsel Stack

Bluebook (online)
206 S.W.3d 624, 2006 Tex. Crim. App. LEXIS 1007, 2006 WL 1408460, Counsel Stack Legal Research, https://law.counselstack.com/opinion/qualley-v-state-texcrimapp-2006.