Ex Parte Crystal Desormeaux--Appeal from 1A District Court of Jasper County (Majority)

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State: Texas

Court: Texas Northern District Court

Docket No: 09-11-00035-CR

Case Date: 11/16/2011

Preview:In The

Court of Appeals Ninth District of Texas at Beaumont ____________________
NO. 09-11-00035-CR

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EX PARTE CRYSTAL DESORMEAUX ________________________________________________________________________ On Appeal from the 1A District Court Jasper County, Texas Trial Cause 10652JD ________________________________________________________________________ OPINION Triston Dobbins, a twenty-one-month-old child, died as a result of "[b]lunt force trauma of head with closed head injury." The autopsy report concluded the manner of death was homicide. The pathology findings included hemorrhaging of the brain, lacerations of the frontal lobes of the brain and the tonsils, and multiple contusions over the entire body. The report also stated that a "shaken baby with head impact may be of strong consideration." On the day of his death, Triston had been in the care of his father, Leo Desormeaux IV, and, for some of the time, his stepmother, Crystal Desormeaux. The police were not notified of Tristons death until the next day. Leo told the investigating

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officers that Triston had fallen in the tub, had a seizure, and died. Crystal said that Leo would not allow her to call 9-1-1. Leo was indicted for capital murder. While he was in jail, he changed his account of the events. He said Crystal was responsible for the childs death. A jury acquitted Crystal Desormeaux of capital murder. She was then indicted for the offense of injury to a child. In a pre-trial application for writ of habeas corpus, Crystal argued that the State is barred under principles of double jeopardy and collateral estoppel from prosecuting her under the new indictment. She appeals the trial courts denial of the relief requested, and makes the same argument in this Court. PRE-TRIAL HABEAS CORPUS Habeas corpus is an extraordinary writ. Ex parte Weise, 55 S.W.3d 617, 619 (Tex. Crim. App. 2001). An appellate court reviews a trial courts decision to deny an application for writ of habeas corpus under an abuse-of-discretion standard. Kniatt v. State, 206 S.W.3d 657, 664 (Tex. Crim. App. 2006). An appellate court defers to the trial courts factual findings supported by the record. Ex parte Wheeler, 203 S.W.3d 317, 32324 (Tex. Crim. App. 2006). When the resolution of the ultimate question turns on an application of legal standards, an appellate court reviews the trial courts ruling de novo. See Ex parte Peterson, 117 S.W.3d 804, 819 (Tex. Crim. App. 2003), overruled on other grounds by Ex parte Lewis, 219 S.W.3d 335, 371 (Tex. Crim. App. 2007); Doyle v. State, 317 S.W.3d 471, 475-76 (Tex. App.--Houston [1st Dist.] 2010, pet. refd).

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THE INJURY-TO-A-CHILD STATUTE Section 22.04 of the Texas Penal Code sets out the offense of injury to a child as follows: (a) A person commits an offense if he intentionally, knowingly, recklessly, or with criminal negligence, by act or intentionally, knowingly, or recklessly by omission, causes to a child, elderly individual, or disabled individual: (1) serious bodily injury; (2) serious mental deficiency, impairment, or injury; or (3) bodily injury. .... (b) An omission that causes a condition described by Subsection (a)(1), (2), or (3) . . . is conduct constituting an offense under this section if: (1) the actor has a legal or statutory duty to act; or (2) the actor has assumed care, custody, or control of a child, elderly individual, or disabled individual. Tex. Penal Code Ann.

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