Taylor v. State, 01-90-00906-CR

• Decision Date: 29 April 1993
• Docket Number: No. 01-90-00906-CR,01-90-00906-CR
• Citation: 856 S.W.2d 459
• Parties: Valerie Susan TAYLOR, Appellant, v. The STATE of Texas, Appellee. (1st Dist.)
• Court: Texas Court of Appeals

Page 459

856 S.W.2d 459

Valerie Susan TAYLOR, Appellant, v. The STATE of Texas, Appellee.

No. 01-90-00906-CR.

Court of Appeals of Texas Houston (1st Dist.).

April 29, 1993.

Rehearing Denied May 27, 1993.

Terri Tipton Holder, Angleton, for appellant.

Jim Mapel, Kelly McClendon, Angleton, for appellee.

Before MIRABAL, SAM BASS and O'CONNOR, JJ.

OPINION

MIRABAL, Justice.

A jury found appellant, Valerie Susan Taylor, guilty of murdering her four-year-old daughter. The jury assessed punishment at confinement for life. We affirm.

Appellant pled "not guilty by reason of insanity." The State conceded appellant was mentally disturbed, but took the position appellant knew the difference between right and wrong at the time of the killing. Further, the State showed that appellant smoked marihuana the night of the offense, and presented evidence regarding the effect of marihuana on a paranoid schizophrenic.

In her fifth point of error, appellant asserts the verdict of the jury was so against the great weight and preponderance of the evidence as to be manifestly unjust. Appellant argues she proved the affirmative defense of insanity, and her conviction should be reversed.

The standard of review employed by courts of appeals when examining the factual sufficiency of evidence supporting an affirmative defense is whether, after considering all the evidence relevant to the issue at hand, the judgment is so against the great weight and preponderance of the evidence as to be manifestly unjust. Meraz v. State, 785 S.W.2d 146, 152 (Tex.Crim.App.1990). In claiming insanity as an affirmative defense, appellant had both the burden of production of evidence and the burden of persuasion on the issue. Id. at 150.

The jury charge, in relevant part, reads as follows:

The defendant, Valerie Susan Taylor, stands charged by indictment with the offense of murder, alleged to have been committed in Brazoria County, Texas on or about the 8th day of November, 1989. To this charge the defendant has pleaded "not guilty by reason of insanity."

Our law provides that a person commits the offense of murder if she intentionally or knowingly causes the death of any individual, or intends to cause serious bodily injury and commits an act clearly dangerous to human life that causes the death of an individual.

....

A person acts intentionally or with intent with respect to the nature of her conduct or to a result of her conduct when it is her conscious objective or desire to engage in the conduct or cause the result.

A person acts knowingly or with knowledge, with respect to the nature of her conduct or to circumstances surrounding her conduct when she is aware of the nature of her conduct or that the circumstances exist. A person acts knowingly or with knowledge, with respect to a result of her conduct when she is aware that her conduct is reasonably certain to cause the result.

Voluntary intoxication does not constitute a defense to the commission of a crime.

For the purpose of this section "intoxication" means disturbance of mental or physical capacity resulting from the introduction of any substance into the body.

Now, if you find from the evidence beyond a reasonable doubt that on or about the 8th day of November, 1989 in Brazoria County, Texas, the defendant, VALERIE SUSAN TAYLOR, did then and there intentionally or knowingly cause the death of an individual, namely Meara Taylor by stabbing the said Meara Taylor with a knife, a deadly weapon, which in the manner and means of its use or intended use was capable of causing serious bodily injury or death; or if you find from the evidence beyond a reasonable doubt that on or about the 8th day of November, 1989, in Brazoria County, Texas, the defendant VALERIE SUSAN TAYLOR, did then and there with intent to cause serious bodily injury to an individual, namely Meara Taylor, intentionally and knowingly commit an act clearly dangerous to human life, to-wit: did stab the said Meara Taylor with a knife, a deadly weapon which in the manner and means of its use or intended use was capable of causing serious bodily injury or death, which caused the death of said Meara Taylor, then you will find the defendant guilty of murder as charged in the indictment.

But unless you do so believe from the evidence beyond a reasonable doubt, or if you have a reasonable doubt thereof, you will acquit the defendant of murder and say by your verdict, "not guilty."

It is an affirmative defense to prosecution that, at the time of the conduct charged, the defendant, as a result of severe mental disease or defect, did not know that her conduct was wrong.

The term "mental illness or defect" does not include an abnormality manifested only by repeated criminal or otherwise anti-social conduct.

The burden of proof is on the defendant to prove an affirmative defense by a preponderance of the evidence. The term "preponderance of the evidence" means the greater weight of the credible evidence.

Now, therefore, if you find and believe from the evidence beyond a reasonable doubt that the defendant committed the offense of murder, but you further find by a preponderance of the evidence that, at the time of the conduct charged, the defendant as a result of severe mental disease or defect, did not know that her conduct was wrong, you will acquit the defendant and say by your verdict "not guilty by reason of insanity."

Following is a summary of the relevant evidence:

Appellant began the fall semester at Alvin Community College in 1989. Her English professor was Dr. Dickie Fox. Appellant approached Dr. Fox in the early weeks of September and requested help obtaining employment. During the conversation, she told him that she wanted to be his mistress and wanted him to set her up in an apartment. Dr. Fox was shocked and refused her proposal. About the first week of October, appellant delivered a note to Dr. Fox that asked, "What do you have against me? Why don't you love me?" About four days after that, appellant withdrew from school. Around October 28, appellant came in to visit with Dr. Fox, accompanied by her daughter. At that meeting, she asked him why he didn't love her, and asked why he was saying bad things about her. She accused him of talking about her on the car radio and television. In Dr. Fox's opinion, at the time of that last meeting, appellant knew the difference between right and wrong, even though she apparently had mental problems.

Appellant's mother, Ruth Vaughn, knew about appellant's infatuation with Dr. Fox because appellant had accused her of working with Dr. Fox to keep appellant from getting a job. Appellant further told her mother that Dr. Fox sent messages to her through the ads on the car radio.

About 10 days before appellant killed her daughter, appellant called her mother, Mrs. Vaughn, and told her she was going to commit suicide. Mrs. Vaughn felt appellant needed some help and contacted the Brazoria County mental health deputy about the procedure for a mental commitment. Someone from the mental health department went out to see appellant, and reported to Mrs. Vaughn that when they got there, everything seemed perfectly normal. She did not follow through with having appellant committed.

A few days before the killing, appellant told her mother that she was going to hurt her in a way that would hurt her the most. Appellant's mother was very close to her granddaughter, Meara. She testified that appellant had a violent temper, and related stories to that effect. Appellant's mother testified she was "sure" appellant knew the difference between right and wrong on the date of the offense.

About 10 days before the killing, appellant wrote her ex-husband a letter asking for his help in getting Dr. Fox out of her mind. She wrote that Dr. Fox was reading her mind and trying to drive her crazy, and that she thought her ex-husband could help because he knew "all about God and stuff."

Raymond Kirkland testified that on November 8, 1989, the day of the killing, appellant spent the day with her four-year-old daughter, Meara, and 11-month-old son, Frankie, at Ray Kirkland's home. Kirkland is Frankie's father. Appellant and Kirkland had separated about three months prior to the offense and were attempting to reconcile. Shortly after Kirkland returned home from work, Kirkland, appellant, and the children went to appellant's home in Rosharon, about a 40-minute drive away. During the drive, Kirkland lit a marihuana cigarette and shared it with appellant.

When they got to the house at about 7:00 or 7:35 p.m., the children were put upstairs in their bedroom. Appellant and Kirkland went outside to feed the chickens and horses. They spent time talking, and appellant told Kirkland she was going away "to the other side of the moon," and she was the "chosen one." They returned to the house, and shortly heard something break and "Meara hollering that Frankie did it." Appellant found Meara had broken a music box that Kirkland had given appellant. Appellant then picked up Meara's Care Bear music box and broke it in front of her. Appellant and Kirkland then changed Frankie's diaper, and appellant took a shower. Kirkland started to prepare dinner, but found he did not have the condiments he needed, and went to the store. Kirkland testified that upon his return to the house, appellant met him at the front drive. She told Kirkland he did not want to go upstairs because he would never be able to forget what he would see. Appellant explained she killed her daughter because she was afraid her daughter was going to harm her infant son.

Kirkland called 911. Appellant spoke with the 911 operator and in response to the question of why she did it, she said she didn't know, that something came over her and that she'd tell him about it later. The tape recording of appellant's telephone conversation with the police dispatcher was played to the jury.

Appellant told Kirkland if the authorities did not hurry up and get there, she was going...