Rubio v. State

241 S.W.3d 1, 2007 Tex. Crim. App. LEXIS 1125, 2007 WL 2621181
CourtCourt of Criminal Appeals of Texas
DecidedSeptember 12, 2007
DocketAP-74852
StatusPublished
Cited by58 cases

This text of 241 S.W.3d 1 (Rubio 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
Rubio v. State, 241 S.W.3d 1, 2007 Tex. Crim. App. LEXIS 1125, 2007 WL 2621181 (Tex. 2007).

Opinions

WOMACK, J.,

delivered the opinion of the Court,

in which PRICE, JOHNSON, HOLCOMB, and COCHRAN, JJ., joined.

The appellant was indicted on four counts of capital murder1 related to the killing and decapitation of his three children: Julissa Quesada (age 3), John E. Rubio (age 14 months), and Mary Jane Rubio (age 2 months). The appellant pleaded not guilty by reason of insanity2 to all four counts. The jury found the appellant guilty, and rendered a verdict on the issue of punishment that required the trial court to sentence the appellant to death.3 In the appeal to this court, required by statute,4 the appellant raises twelve points of error. We will reverse.

I. Did the trial court err by admitting Camacho’s statements?

In his first point of error, the appellant argues the trial court erred during the guilt-innocence phase of the trial by admitting the statements of Maria Angela Camacho, the appellant’s common-law wife and alleged accomplice in the murders for which he was being tried. Camacho invoked her Fifth Amendment right to not testify in open court, and the state offered three statements she made to the police regarding the murders, two written statements and one oral statement recorded on videotape. Over the appellant’s objection, the trial court admitted all three statements. The written statements were read to the jury by the Brownsville Police Department detectives who originally took the statements. The videotaped statement was played for the jury, who also received a written transcript. The appellant was never able to cross-examine Camacho, either at the time she made the statements or during the trial.

At the time of the appellant’s trial, the admissibility of out-of-court statements against a defendant where the declarant was unavailable for cross-examination was governed by Ohio v. Roberts.5 Under Roberts, such a statement was admissible so long as it bore adequate “indicia of reliability” or otherwise fell within a “firmly rooted hearsay exception.”6

Since the time of the appellant’s trial, however, the Supreme Court overruled Roberts by announcing its opinion in Crawford v. Washington.7 Under Crawford, non-testimonial hearsay evidence would still be admissible under a scheme like that in Roberts, but the Court made clear that, ‘Where testimonial evidence is at issue, ... the Sixth Amendment demands what [3]*3the common law required: unavailability and prior opportunity for cross-examination.”8 Although the Court declined to define specifically what is encompassed by the term “testimonial,” they did say that at a minimum it includes “police interrogations,” because they are one of “the modern practices with closest kinship to the abuses at which the Confrontation Clause was directed.”9

The trial court in this case held Camacho’s statements to be sufficiently reliable, and so they were admitted. The State does not dispute that Camacho’s statements were given during a police interrogation and therefore testimonial in nature. The State also acknowledges that Camacho had invoked her Fifth Amendment right at trial and was therefore unavailable to testify. The State does not concede that the trial court erred in admitting Camacho’s statements under the law in effect at the time. But the State does concede the Supreme Court’s holding that new rules of criminal procedure are to be “applied retroactively to all cases, state or federal, pending on direct review or not yet final,”10 and that Crawford came into effect while the appellant’s case was pending on direct appeal.

Accordingly, we hold that the trial court erred in admitting Camacho’s statements. We will now turn to the issue of prejudice.

II. Did the trial court’s error prejudice the appellant’s case?

The erroneous admission of Camacho’s statements does not automatically merit reversal. Rather, any Confrontation Clause violation, once proven, is subject to harmless error analysis.11 In other words, this Court will reverse the conviction unless we determine beyond a reasonable doubt that the error did not contribute to the appellant’s conviction.12 If there is a reasonable likelihood that the error materially affected the jury’s deliberations, then the error was not harmless beyond a reasonable doubt.13

An appellate court should not focus on the propriety of the outcome of the trial.14 Instead, we calculate the probable impact of the error on the jury, in light of all other evidence available.15 Evidence of the defendant’s guilt should be considered, but that is only one factor in the analysis.16 The question, ultimately, is whether the State has proven beyond a reasonable doubt that the error complained of did not contribute to the verdict obtained.17

In the instant case, the appellant pleaded not guilty by reason of insanity to all four counts in the capital murder indictment. He did not contest that he commit[4]*4ted the acts which killed the children. Therefore, the only real issue in contention at the guilt-innocence phase was the appellant’s state of mind. The primary evidence relevant to that issue came in the form of statements the appellant and Camacho made to the police. We will now turn to those.

The Appellant’s Statement

In his own videotaped statement to the police, which was also admitted at trial, the appellant freely admitted to having killed his children.

The appellant said he, met Camacho when they were living in the same apartment complex in 2000 or 2001. He used to inhale spray paint with Camacho’s then-live-in boyfriend and, after seeing her physically abused by him, she and the appellant became romantically involved. Camacho eventually left her former boyfriend and moved in with the appellant.

Camacho brought her child Julissa with her, who at the time was less than a year old. Camacho was also pregnant with John, who was born eight or nine months later. Although it was unclear who John’s father was, the appellant and Camacho decided to name John after the appellant and give him the appellant’s surname. Shortly after John was born, Camacho became pregnant again, and gave birth to Mary Jane in January of 2003.

During this time the appellant held a number of low-wage retail jobs, and the family moved several times, including time spent in Mends’ houses and sometimes living on the streets. Eventually they moved into a home they shared with the appellant’s mother and one other person.

The appellant said Child Protective Services took custody of Julissa and John at one point during this time, after finding the appellant was abusing spray paint in front of the children. This incident inspired him to find a job so he could get the children back, because he “adored” them and “would do anything for” them. CPS returned the children after three or four months — after the appellant got a job — but continued to visit the home to check on the children and to test the appellant for illegal drug use.

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Cite This Page — Counsel Stack

Bluebook (online)
241 S.W.3d 1, 2007 Tex. Crim. App. LEXIS 1125, 2007 WL 2621181, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rubio-v-state-texcrimapp-2007.