Please E-mail suggested additions, comments and/or corrections to Kent@MoreLaw.Com.
Help support the publication of case reports on MoreLaw
Nga Lone Aung v. The State of Texas
Date: 03-17-2020
Case Number: 07-19-00096-CR
Judge: Per Curiam
Court: Court of Appeals Seventh District of Texas at Amarillo
Plaintiff's Attorney: John L. Owen
Defendant's Attorney:
Need help finding a lawyer for representation to appeal a conviction for capital murder in Texas?
Call 918-582-6422. It's Free.
Description:
For purposes of this appeal, we assume, arguendo, that appellant is correct and
focus only on harm. When error implicates evidence obtained in violation of the Fourth
Amendment, we must reverse unless we determine beyond a reasonable doubt that it did
not contribute to appellant’s conviction or punishment. TEX. R. APP. P. 44.2(a); Gibson v.
State, 253 S.W.3d 709, 716–17 (Tex. App.—Amarillo 2007, pet. ref’d). This test obligates
us to ask whether there is a reasonable possibility that the error might have contributed
to the conviction. Id. at 717. And, our answer is influenced by indicia such as the
importance of the improperly admitted evidence to the State’s case, whether it was
cumulative of other evidence, the presence or absence of evidence corroborating or
contradicting the erroneously admitted evidence on material points, and the overall
strength of the State’s case. Biera v. State, 391 S.W.3d 204, 211–12 (Tex. App.—
Amarillo 2012, pet. ref’d).
The record reveals that searching appellant’s bedroom and car resulted in the
discovery of miscellaneous evidence such as a gun case in the bedroom, cigarettes that
were consistent with the cigarette butt located at the shooting scene, a bullet hole in the
dashboard of the car, and a bullet in the car. Yet, it was of little import given other
evidence admitted at trial. For instance, appellant’s DNA was discovered on the cigarette
butt located at the scene. Furthermore, shell casings, footprints, and tire tracks at the
scene compared favorably to the gun appellant owned, shoes appellant wore, and the
tires on appellant’s car, respectively. But, most importantly, appellant told the jury during
the guilt/innocence phrase of the trial not only that he shot the husband and wife but also
how he did it and why.
3
Simply put, the only real issue raised at trial was whether appellant shot his victims
with the requisite mens rea. The evidence garnered as a result of the searches in
question had little relationship to that topic. So, the evidence about which appellant does
not complain coupled with his own trial testimony prevents us from finding a reasonable
probability that the searches of his car and bedroom contributed to appellant’s conviction.
MoreLaw Suites
MoreLaw Suites
Virtual Offices of Solo Practice Lawyers Starting at $200 a Month
Office With MoreLaw Suites and Reduce Your Overhead
918-582-3993 - Info@MoreLaw.com
For purposes of this appeal, we assume, arguendo, that appellant is correct and
focus only on harm. When error implicates evidence obtained in violation of the Fourth
Amendment, we must reverse unless we determine beyond a reasonable doubt that it did
not contribute to appellant’s conviction or punishment. TEX. R. APP. P. 44.2(a); Gibson v.
State, 253 S.W.3d 709, 716–17 (Tex. App.—Amarillo 2007, pet. ref’d). This test obligates
us to ask whether there is a reasonable possibility that the error might have contributed
to the conviction. Id. at 717. And, our answer is influenced by indicia such as the
importance of the improperly admitted evidence to the State’s case, whether it was
cumulative of other evidence, the presence or absence of evidence corroborating or
contradicting the erroneously admitted evidence on material points, and the overall
strength of the State’s case. Biera v. State, 391 S.W.3d 204, 211–12 (Tex. App.—
Amarillo 2012, pet. ref’d).
The record reveals that searching appellant’s bedroom and car resulted in the
discovery of miscellaneous evidence such as a gun case in the bedroom, cigarettes that
were consistent with the cigarette butt located at the shooting scene, a bullet hole in the
dashboard of the car, and a bullet in the car. Yet, it was of little import given other
evidence admitted at trial. For instance, appellant’s DNA was discovered on the cigarette
butt located at the scene. Furthermore, shell casings, footprints, and tire tracks at the
scene compared favorably to the gun appellant owned, shoes appellant wore, and the
tires on appellant’s car, respectively. But, most importantly, appellant told the jury during
the guilt/innocence phrase of the trial not only that he shot the husband and wife but also
how he did it and why.
3
Simply put, the only real issue raised at trial was whether appellant shot his victims
with the requisite mens rea. The evidence garnered as a result of the searches in
question had little relationship to that topic. So, the evidence about which appellant does
not complain coupled with his own trial testimony prevents us from finding a reasonable
probability that the searches of his car and bedroom contributed to appellant’s conviction.
Outcome:
We overrule the point of error and affirm the trial court’s judgment.
Plaintiff's Experts:
Defendant's Experts:
Comments:
About This Case
What was the outcome of Nga Lone Aung v. The State of Texas?
The outcome was: We overrule the point of error and affirm the trial court’s judgment.
Which court heard Nga Lone Aung v. The State of Texas?
This case was heard in Court of Appeals Seventh District of Texas at Amarillo, TX. The presiding judge was Per Curiam.
Who were the attorneys in Nga Lone Aung v. The State of Texas?
Plaintiff's attorney: John L. Owen. Defendant's attorney: Need help finding a lawyer for representation to appeal a conviction for capital murder in Texas? Call 918-582-6422. It's Free..
When was Nga Lone Aung v. The State of Texas decided?
This case was decided on March 17, 2020.