Janie Sanchez and Kenneth Adams, Spouse v. Lowry Schaub, M.D., and Kevin Crawford, M.D.--Appeal from 237th District Court of Lubbock County

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Laws-info.com » Cases » Texas » 7th District Court of Appeals » 2006 » Janie Sanchez and Kenneth Adams, Spouse v. Lowry Schaub, M.D., and Kevin Crawford, M.D.--Appeal from 237th District Court of Lubbock County

State: Texas

Court: Texas Northern District Court

Docket No: 07-04-00057-CV

Case Date: 02/02/2006

Plaintiff: Brandon Scott Blasdell

Defendant: The State of Texas--Appeal from 9th District Court of Montgomery County

Preview:In The

Court of Appeals Ninth District of Texas at Beaumont _________________
NO. 09-09-00286-CR

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BRANDON SCOTT BLASDELL, Appellant V. THE STATE OF TEXAS, Appellee _______________________________________________________________________ On Appeal from the 9th District Court Montgomery County, Texas Trial Cause No. 07-11-11972 CR ________________________________________________________________________ MEMORANDUM OPINION A jury found Brandon Scott Blasdell guilty of aggravated robbery. The jury then assessed Blasdells punishment at thirty years confinement. In a single issue, Blasdell contends the trial court erred by excluding his experts testimony on eyewitness identification as related to the "weapon focus effect." We affirm the trial courts judgment. Background On the evening of February 11, 2007, Katy Hadwin stopped at a gas station to get gas. She got out of her car with her keys and locked her purse inside her car. Before she 1

was able to purchase gas, a man approached her, stuck a gun in her face, and demanded her purse. Katy testified that the man had light colored eyes and a "unibrow." She also stated that the man did not have a beard. Katy attempted to give the man her debit card, but he continued to demand that she give him her purse. After Katy unlocked her car and gave him her purse, the man walked to his "older-model" white truck and left. Katy left the gas station, but returned after she called 911. The police officers met her at the gas station, and she explained to them what had happened. She also provided them with the mans description. Approximately a week after the robbery, Katy met with a detective and filled out a suspect description form. Katy identified Blasdell as the perpetrator from a photographic lineup. When she picked Blasdell out of the photographic lineup and when she identified Blasdell at trial, Katy maintained that she was "100 percent sure" that Blasdell had robbed her, because she could not "forget his face." Standard of Review and Applicable Law We review a trial courts decision to exclude an experts testimony for an abuse of discretion. See Weatherred v. State, 15 S.W.3d 540, 542 (Tex. Crim. App. 2000). If the trial courts ruling lies within the zone of reasonable disagreement, the trial courts ruling will not be reversed on appeal. Id. Texas Rule of Evidence 702 governs the admission of expert testimony. Morales v. State, 32 S.W.3d 862, 865 (Tex. Crim. App. 2000). Rule 702 provides: "[i]f scientific, technical, or other specialized knowledge will assist the trier of fact to understand the 2

evidence or to determine a fact in issue, a witness qualified as an expert by knowledge, skill, experience, training, or education may testify thereto in the form of an opinion or otherwise." TEX. R. EVID. 702. The proponent of the expert testimony must show by clear and convincing proof that the evidence he seeks to introduce is sufficiently relevant and reliable to assist the trier of fact in accurately understanding other evidence or determining a fact at issue. Weatherred, 15 S.W.3d at 542. To be relevant, the expert must sufficiently tie pertinent facts of the case to the scientific principles, which are the subjects of the testimony, for the testimony to help the trier of fact resolve the issues in dispute. Salazar v. State, 127 S.W.3d 355, 360 (Tex. App.

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