Evans v. State

Having failed to mention his vulnerable relationship theory below as a ground supporting admission of the evidence, the defendant waived it for appellate purposes.

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Steven Dewayne Evans (appellant) appeals his conviction for murder. His three points of error concern a purported denial of his Sixth Amendment right to confront his accuser, the legal and factual sufficiency of the evidence, and the effectiveness of his counsel. We affirm.

Background

On October 25, 1999, a party was held at Independence Hall in Amarillo, Texas. Between 200 to 300 people attended same. During the event, an argument erupted between Keith Austin (Austin) and the mother of his two children, Shannon Hicks (Hicks). The cause of the argument was Hicks’ dancing with appellant’s brother, Bernard, with whom she also had a child. In short, Austin was jealous. Thereafter, appellant’s sister, Brenda, approached and exchanged words with Austin. Following this, appellant and Austin themselves “had words,” which words escalated into a physical altercation between the two. Security personnel intervened and escorted the combatants to the parking lot.

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Evans v. State

Having failed to mention his vulnerable relationship theory below as a ground supporting admission of the evidence, the defendant waived it for appellate purposes.

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