Beyond a Reasonable Doubt: Challenging the Criminal Investigation ODOM & DAVIS Criminal Defense Attorneys Wendell A. Odom, Jr. Neal Davis, III Brian T. Hobson Office Location The Lyric Centre 440 Louisiana Street, Suite 200 Houston, Texas 77002

History of Beyond a Reasonable Doubt Victor v. Nebraska, 511 U.S. 1 (1994) The Beyond a Reasonable Doubt Standard is a requirement of due process, but the US Constitution neither prohibits nor requires a trial court to define its meaning. Geesa v. State, 820 S.W.2d 154 (Tex. Crim. App. 1991) The Court of Criminal Appeals adopted a mandatory jury instruction on reasonable doubt to be used in all criminal cases - “Proof beyond a reasonable doubt must be proof of such a convincing character that you would be willing to rely and act upon it without hesitation in the most important of your own affairs.” Paulsen v. State, 28 S.W.3d 570 (Tex. Crim. App. 2000) The Court found that the Geesa opinion was poorly reasoned, and reversed the mandatory instruction requirement.

Burdens of Proof Beyond a Reasonable Doubt Reasonable Doubt Clear and Convincing Evidence Preponderance of Evidence Probable Cause Reasonable Suspicion Scintilla of Evidence No Evidence

Duties of Officers and Components of a Complete Investigation First Officer on Scene Crime Scene Unit Homicide Investigator

CSI New York – Physical Evidence What evidence would YOU EXPECT to see in a murder case?

Physical Evidence Witness testimony – victim, family, police officers and investigators, nurses or doctors, other eyewitnesses Weapon (firearm, ammo) Medical records DNA Blood evidence Clothes or other evidence Fingerprints Hair Wounds Photographs Scene pictures Video Confession

Is all the Evidence There? Why Not?