Sign In
Events
Newsletters
Search

Close

Close Search

Cancel

SEARCH
MY LAW.COMNEW

Skillern v. State

Upon the filing in the court of appeals of appellant's notice of appeal from her single conviction, the clerk of the court assigned appellate cause number 01-07-00997-CR to that appeal. The clerk also assigned five additional appellate cause numbers to the five other counts listed in the indictment: counts I, II, IV, V and VI. The judgment of the trial court does not contain any convictions for counts I, II, IV, V or VI. Those five appeals are dismissed for lack of jurisdiction. Because the record contains no evidence probative of an element of the offense of misapplication of fiduciary property, the jury could not have rationally found appellant guilty of that offense. The trial court's judgment is reversed and a judgment of acquittal is rendered. Houston's 1st Court of Appeals, No. 01-07-00997-CR, 06-23-2011.

X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

OPINION

Appellant, Melissa Ann Skillern, was convicted by a jury of a single count of misapplication of fiduciary property valued between $20,000 and $100,000 from an elderly person.*fn1 The jury assessed her punishment at fifty-four months’ confinement and a $10,000 fine and recommended that the prison term be suspended. The trial court pronounced the sentence in accordance with the jury’s verdict, suspended appellant’s prison term for ten years, and set the conditions of appellant’s community supervision, which included $24,000 in restitution and 90 days in jail. In twelve issues, appellant asks us to determine whether (1) the trial court erred in not conducting a hearing pursuant to Batson v. Kentucky; (2) the trial court erred in overruling objections to the State’s questions regarding appellant’s attorney-client privileged communications; (3) and (4) the evidence was legally and factually insufficient to prove appellant misapplied greater than $20,000 of fiduciary property when she transferred money from the joint account into her bank account; (5) the trial court violated appellant’s right to present a defense by refusing to allow her to present relevant testimony regarding the nature of the joint account agreement, the authority she had over the complainant’s money, and her character; (6) the trial court erroneously overruled appellant’s objections to the State’s improper jury argument; (7) the trial court erred in refusing a “mistake of fact” instruction; (8) the trial court erred in sustaining the State’s objection to appellant’s definition of recklessness during voir dire; (9) appellant was denied due process and a fair trial due to the prosecutor’s conduct at trial; (10) appellant was denied a fair trial as a result of judicial bias; (11) the trial court erred in failing to refer appellant’s motion to recuse during its consideration of the motion for new trial; and (12) the trial court erred in overruling appellant’s objection to the State’s comment on her Fifth Amendment right to remain silent.

Trending Stories

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

LEARN MORE

More From ALM

Premium Subscription
With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Team Accounts
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Bundle Subscriptions
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
Go to CLE Center
Elite Trial Lawyers 2025
July 10, 2025
New York, NY

The National Law Journal Elite Trial Lawyers recognizes U.S.-based law firms performing exemplary work on behalf of plaintiffs.


Learn More
National Law Journal Awards 2025
November 05, 2025
Washington, D.C.

The National Law Journal honors attorneys & judges who've made a remarkable difference in the legal profession in the D.C. area.


Learn More
Complex Claims & Litigation Forum 2025
February 24, 2025 - February 26, 2025
Las Vegas, NV

This conference aims to help insurers and litigators better manage complex claims and litigation.


Learn More
Go to Events Go to Webcasts
President and Dean

Search for the President and Dean California Western School of Law San Diego, California California Western School of Law (California ...


Apply Now ›
Capital Markets Junior Associate (Flex Location/Hybrid Schedule)

Duane Morris LLP has an opening for an associate with 2-3 years of experience with strong capital markets and corporate transactional backgr...


Apply Now ›
(EXCLUSIVE) SENIOR BAD FAITH TRIAL COUNSEL WANTED FOR LEADING PROVIDER OF PROFESSIONAL LIABILITY INSURANCE (Atlanta, GA or Florida)

Our client, an established provider of professional liability insurance, has engaged us to identify a highly-qualified Senior Bad Faith Tria...


Apply Now ›
Go to Lawjobs

Breaking news and trends for law firm and legal departments about the evolving federal regulations in a volatile political climate.

Federal Legal News
Special Coverage
Surveys & Rankings
National Law Journal