Sign In
Events
Newsletters
Search

Close

Close Search

Cancel

SEARCH
MY LAW.COMNEW

Snell v. State

Appellant's issue is whether the trial court erred by not including a spoliation instruction to the jury. He relies principally on the analysis set out in the Waco Court of Appeals 2007 decision Pena v. State . The Fort Worth appellate court has declined to follow Pena and has held that to show a violation of the Texas Due Course of Law provision, an appellant must show that the State acted in bad faith. Here, there is no claim of bad faith on the part of the State. The Fort Worth Court of Appeals concluded there was no error and affirmed the trial court's judgment. Fort Worth Court of Appeals, No. 2-09-277-CR, 09-03-2010

X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.
OPINION

Appellant Scott Marcus Snell appeals from his conviction by a jury for the offense of robbery by threats. The issue on appeal is whether the trial court erred by failing to give a requested spoliation instruction to the jury. We resolve this issue in favor of the State and affirm the trial court’s judgment.

David Smith arranged to meet Brandi Harper, who had advertised herself as a prostitute, at a hotel in Arlington. When he met her in the hotel room, he noticed that she seemed nervous. After he gave her the agreed amount of money, they sat and talked for a few minutes. When someone knocked on the door to the room a few minutes later, Harper told Smith to go in the bedroom and she opened the door.

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
GlobeSt. Healthcare Real Estate 2024
December 02, 2024 - December 03, 2024
Scottsdale, AZ

Join the industry's top owners, investors, developers, brokers and financiers for the real estate healthcare event of the year!


Learn More
ThinkAdvisor LUMINARIES Awards 2024
December 11, 2024
Las Vegas, NV

This event shines a spotlight on how individuals and firms are changing the investment advisory industry where it matters most.


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
School Law Associate

We are seeking two attorneys with a minimum of two to three years of experience to join our prominent and thriving education law practice in...


Apply Now ›
Real Estate Litigation Associate - New York, NY

Description: Fox Rothschild has an opening in the New York office for a Real Estate Litigation Associate with three to six years of commerci...


Apply Now ›
Attorney - Insurance Defense

Downtown NY property and casualty defense law firm seeks a Litigation Associate with 3+ years' experience to become a part of our team! You ...


Apply Now ›
Go to Lawjobs