Taylor v. State

10 S.W.3d 673, 2000 Tex. Crim. App. LEXIS 9, 2000 WL 60019
Court of Criminal Appeals of Texas·Decided January 26, 2000·No. 1728-98·Published·Cited by 90 cases

Opinions

OPINION

KELLER, J.,

delivered the opinion of the Court,

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

The issue presented by this case is whether our abolition of the juvenile exception to the accomplice witness rule, announced by Blake v. State, 971 S.W.2d 451 (Tex.Crim.App.1998), applies retroactively to cases currently pending on direct review or not yet final. We hold that our holding in Blake is retroactive and affirm the judgment of the Court of Appeals.

Appellant and his wife Josefina divorced in 1989. They were named joint managing conservators of their two children. In 1990, Josefina married John Garmon, and together they had a son. On May 3, 1996, appellant’s children, ages eleven and ten at the time, set fire to the home of their mother and stepfather. Josefina, John, and their son suffered injuries but survived. In March of 1997, appellant was convicted on three counts of attempted capital murder. According to the State’s theory of the case, appellant had used physical punishment and psychological pressure to manipulate his children into setting the fire -with the purpose of killing his ex-wife, her husband, and their son.

At trial, appellant submitted a written accomplice witness instruction concerning the two children and requested that the instruction be included in the jury charge. The trial court failed to include the instruction. At the time, the trial court’s failure to include the instruction was consistent with our cases holding that children were not covered by the accomplice witness rule. Villarreal v. State, 708 S.W.2d 845, 848-849 (Tex.Crim.App.1986), overruled, Blake v. State, 971 S.W.2d 451 (Tex.Crim.App.1998); see also Blake, 971 S.W.2d at 455-458 (cases discussed therein). However, we subsequently abolished [677] the juvenile exception to the accomplice witness rule in Blake.1

Before the Court of Appeals appellant contended, among other things, that the trial court erred in failing to submit his requested accomplice witness instruction. The Court of Appeals reversed and instructed that the case be remanded for a new trial.2 Although observing that the trial court’s actions were justified by the state of the law at the time, the Court of Appeals held that, in light of the subsequent holding in Blake, the trial court’s failure to submit the instruction constituted error. The Court of Appeals found that the error had been properly preserved and that some harm had been shown under standards set forth in Almanza v. State, 686 S.W.2d 157 (Tex.Crim.App.1984) and Saunders v. State, 817 S.W.2d 688 (Tex.Crim.App.1991).

In its petition for discretionary review, the State contends that Blake should not be applied retroactively. Relying upon Geesa v. State, 820 S.W.2d 154 (Tex.Crim.App.1991), the State contends that justice would be best served by giving the Blake rule limited prospectivity. The State contends that retroactive application of the rule would be inequitable because (1) two defendants tried on the same date could obtain different results depending upon the speed of an appellate court issuing an opinion, (2) retroactive application of the new rule increases the State’s burden of proof after the case is presented and closed, and (3) retroactive application would require a jury to be charged on law that was not in effect at the time of trial. The State also asserts that “it makes more sense to allow defendants in the cases pending on direct review or not yet final to have their cases decided under the old rule than to require new trials in every case for failure to charge the jury with an instruction on accomplice witness testimony.” We granted this petition to address the scope and effect of doctrines relating to the retroactivity of new rules.

I.

Under the early common law, an appellate court never created law, it simply “discovered” the law. Linkletter v. Walker, 381 U.S. 618, 623, 85 S.Ct. 1731, 14 L.Ed.2d 601 (1965). When an appellate court overruled one of its earlier decisions, that earlier decision “was thought to be only a failure at true discovery and was consequently never the law.” Id. Conversely, the new decision, being the “accurate” discovery of the law, was not new law, but was an application of what had always in fact been the law. MThe “discovery” view of judicial decision-making came under attack as failing to reflect the realities of an appellate court’s task. Id. An alternative view held that judges fill in the blanks left by statutory law with judicial interpretation that more clearly defines the law. Id. at 624, 85 S.Ct. 1731. Under this view, an earlier decision is not erased without a trace by a later, overruling one; instead, the earlier decision stands “as an existing juridical fact until overruled.” Id. Hence, the overruled opinion retained vitality as to cases decided before the overruling occurred. Id.

Against this backdrop of conflicting views of judicial decision-making, the Supreme Court developed a pragmatic, case-by-case approach for new constitutional rules. Id. at 629, 85 S.Ct. 1731. This approach was perhaps most clearly spelled [678] out in Stovall v. Denno, 388 U.S. 293, 87 S.Ct. 1967, 18 L.Ed.2d 1199 (1967), which applied a three-factor test for determining whether a new rule should be given retroactive effect:

(a) the purpose to be served by the new standards,
(b) the extent of reliance by law enforcement authorities on the old standards, and
(e) the effect on the administration of justice of a retroactive application of the new standards.

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Taylor v. State, 10 S.W.3d 673, 2000 Tex. Crim. App. LEXIS 9, 2000 WL 60019 (Tex. 2000).

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