Grubbs v. State Page i No. 12- 14 -00150- CR

_____________________________________ IN THE COURT OF APPEALS OF TEXAS FOR THE TWELFTH CIRCUIT TYLER, TEXAS

____________________________________

DEEDRA GRUBBS Appellant

v. THE STATE OF TEXAS Appellee

___________________________________ On Appeal From Cause No. 14- CR -19075 In the 273 RD Judicial District Court of Shelby County, Texas

APPELLANT DEEDRA GRUBBS’ BRIEF

T HE L AW O FFICE OF J EFF A DAMS , PLLC
Jeff Adams State Bar No. 24006736 119 Logansport Street Center, Texas 75935 (936) 598-4900 (Phone) (936) 598-4905 (Facsimile) ATTORNEY FOR DEEDRA GRUBBS ACCEPTED 12-14-00150-CR TWELFTH COURT OF APPEALS

TYLER, TEXAS 7/3/2015 5:55:55 PM CATHY LUSK CLERKGrubbs v. State Page ii IDENTITY OF PARTIES AND COUNSEL In accordance with T EX
. R. A PP
. P. 38.1(a), the following is a list of the parties to this action, thei r respective counsel, and the presiding judge at trial: Appellant : Ms. Deedra Grubbs (“Grubbs ”) Appellant’s Trial Counsel : Mr. Dexter A. “Deck” Jones Attorney at Law 713 Tenaha Street Center, Texas 75935 (936) 598

- 5737 Mr. Rudy Velasquez Attorn ey at Law P. O. Box 308 Milam, Texas (936) 229

- 0110 Appellant’s Appellate Counsel : Mr. Jeff Adams The Law Office of Jeff Adams, PLLC 119 Logansport Street Center, Texas 75935 (936) 598

- 4900
Appellee : The State of Texas (“State”) Appellee’s Trial and Appellate Counsel : Mr. Ralph Guerrero (Special Prosecutor) Mr. Wesley Mau (Special Prosecutor) M r. Kenneth Florence Shelby County District Attorney 200 San Augustine Street Center, Texas 75935 (936) 598

- 2489 Trial Judge : The H onorable Charles R. MitchellGrubbs v. State Page iii TABLE OF CONTENTS IDENTITY OF PARTIES AND COUNSEL

................................ ........................... ii TABLE OF CONTENTS

................................ ................................ ......................... iii TABLE OF AUTHORITIES

................................ ................................ .................... iv REFERENCES TO THE RECORD

................................ ................................ .......... 2 STATEMENT OF ISSUE

................................ ................................ .......................... 2 STATEMENT OF THE CASE

................................ ................................ .................. 2 STATEMENT OF FACTS

................................ ................................ ........................ 3 SUMMARY OF THE ARGUMENT

................................ ................................ ........ 5 ARGUMENT

................................ ................................ ................................ ............. 6 A. The t rial court committed reversible error when it failed to admit hearsay statements contained in letters written by Co

- Defendant Bobbie Grubbs which contained exculpatory statements relating to Appellant Grubbs

. ........................ 6 B. The trial court committed reversible error wh en it failed to admit hearsay statements made by Co

- Defendant Bobbie Grubbs contained in a DPS trooper's in

- car video/audio recording which contained exculpatory statements relating to Appellant Grubbs

................................ ................................ ............................ 1 5 CONCLUSION AND PRAYER

................................ ................................ ............. 21 CERTIFICATE OF SERVICE

................................ ................................ ................ 2 2 CERTIFICATE OF WORD COUNT COMPLIANCE

................................ ........... 2 2Grubbs v. State Page iv TABLE OF AUTHORITIES CASES City of Brownsville v. Alvarado, 897 S.W.2d 750 (Tex.1995)

....................... 7 Cruz v. New York , 481 U.S. 186 (1987)

................................ ....................... 1 1 Davis v. State , 872 S.W.2d 743 (Tex. Crim. App. 1994)

.......... 13, 14, 1 9, 20 Dewberry v. State, 4 S.W.3d 735 (Tex. Crim. App. 1999)

....................... 8, 1 6 In re R.A.L., 291 S.W.3d 438 (Tex.App.

- Texarkana 2009, no pet.)

........... 7, 8 Lee v. Illinois , 476 U.S. 530, 546 (1986)

................................ ............ 8, 1 6, 17 Lopez v. State , 2003 WL 751809 (Tex. App.

– Dallas, no writ)

................. 1 2 Mercedes

–

Benz Credit Corp. v. Rhyne, 925 S.W.2d 664 (Tex.1996)

. ........... 7 McCraw v. Maris , 828 S.W.2d 756 (Tex. 1992)

................................ ........... 8 Ohio v. Roberts , 448 U.S. 56 (1980)

................................ ....................... 8, 1 6 Walter v. State , 267 S.W.3d 883 (Tex. Crim. App. 2008)

..................... 1 2, 1 8 Williamson v. Unite d States , 512 U.S. 594 (1994)

................................ ...... 18 STATUTES AND RULES T EX
. R. E VID
. 8 0 3 ( 24 ) (Texas Lawyer 2015)

............................ 6, 8, 1 4 , 16, 21Grubbs v. State Page 2 REFERENCES TO THE RECORD Clerk’s Record : There are two (2) Volumes of the Clerk’s Record. All references to the Clerk’s record will be made in the following fashion: v CR p, where v represents the volume of the record and p represents the page number found in same. Reporter’s Record : There are thirteen (13 ) Volumes of the Reporter’s Record. All references to the Clerk’s record will be made i n the following fashion: v RR p, where v represents the volume of the record and p represents the page number found in same. STATEMENT OF ISSUE S 1. Did t he trial court err when it excluded certain letters written by Co

- Defen dant Bobbie Grubbs that , while hear say, contained exculpatory statements relating to Appellant Grubbs and was an exception to the hearsay rule ? 2. Did the trial court err when it excluded an in

- car audio/video recording of Co

Defendant Bobbie Grubbs that, while hearsay, contained exculpatory s tatements relating to Appellant Grubbs and was an exception to the hearsay rule ?

STATEMENT OF THE CASE On September 25, 2012, Grubbs was indicted for Capital Murder in C ause Number 12

- CR

- 18608. On February 19, 2014, Grubbs was re

- indicted in Cause Number 14CR

- 19074, on one count of Capital Murder and two counts of Aggravated Assault. 1 CR 8

. On March 4, 2014, the State filed a motion to transfer the pleadings from Cause Number 12

- CR

- 18608 to Cause Number 14CR

-Grubbs v. State Page 3

19074. 1 CR 10

. The Court granted the Stat e’s Mo tion on March 21, 2014. 1 CR
23

. On May 28 , 2014, the jurors were seated, sworn and the trial commenced. 4
RR 10

- 11. On June 4, 2014, the jury found Grubbs guilty of one count of Capital Murder and two counts of Aggravated Assault. 9 RR 195

- 197

. On the same day, June 4, 2014, the Court sentenced Grubbs to confinement in the Institutional Division of the Department of Criminal Justice for life without the opportunity of parole on the Capital Murder charge, and confinement in the Institutional Di vision of the Department of Criminal Justice for twenty years on each of the two
aggrav ated assault charges. 9 RR 201

- 203. On June 10, 2014, Grubbs filed a Mot ion for New Trial. 2 CR 221

- 222

. The Motion wa s overruled as a matter of law. Also o n Ju ne 1 0, 2014, Grubbs timely filed her Notice of Appeal. 2 CR 2 23 . Grubbs now fi les her Appellant’s
Brief. STATEMENT OF FACTS The State accuse s Grubbs of committing capital murder and two aggravated assaults arising from an incident at the Joaquin Country Inn in Joaquin, Texas on April 27, 20 12. 4 RR 24

- 26 . The State alleges that Grubbs and her husband, Bobbie Grubbs , fled Montgomery County, Texas, on April 26, 2012, after they had robbed Mar y Jane Cashdollar in her home. 4 RR 30 . The Stat e asserts that Gru bbsGrubbs v. State Page 4

and Bobbie Grubbs made their way north from Conroe, north through Nacogdoches, on their way to Louisiana, when they began having car troub le. 4
RR 31 . The State allege s that Grubbs’ car broke down in Joaquin, Texas, near t he Country Inn on April 26, 2012 . 4 RR 31 . Grubbs and Bobbie stayed that night at the Country Inn in Room 101 . 4 RR 32 . The State asserts that Bobbie did not have enough money to get the car repaired, so that next morning he went into another room at the Country Inn where two hou sekeepers a nd a handyman were working, shot and robbed them. 4 RR 32 . One of the housekeepers died as a result of the gunshot wounds she received; the other two employees of th e Country Inn survived. 4 RR 33

. The authorities located Grubbs and Bobbie Grubbs a nd intercepted them o n United Sta tes Highway 59 South, somewhere between Livingston and Cleveland in Liberty County

. 4 RR 34

. Grubbs and Bobbie were ultimately apprehended just north of Cleveland by 2:30 p.m. on April 27, 2012. 4 RR 34

. Grubbs was t aken to the hospital after she fainted and ultimately to the Montgomery County Sheriff’s
Office , where s he was interrogated by Montgom ery County Sheriff Detective Echols and Zientek. 4 RR 34; State's Exhibit 26

. Bobbie Grubbs also made
statements to DPS Trooper Sean Barnes at the scene of his arrest and during his transport to the Montgomery County Sheriff’s Office

. Defendant's Exhibit 15. These statements by Bobbie Grubbs were excluded by the trial court. 9 RR 82.Grubbs v. State Page 5

At trial, Grubbs did not testi fy. 9 RR 84. Certain evidence proffered by Grubbs was excluded on hearsay objections by the State. 9 RR 79,82. This excluded evidence corroborates Bobbie Grubbs testimony, shows the jury that Bobbie Grubbs' statements have been consistent from the time of his arrest, and ultimately provides exculpatory and mitigating evidence to Grubbs' benefit. In the end, on June 4, 2014 , the jury found Grubbs guilty of one count of Capital Murder and two counts of Aggravated Assault. 9 RR 1 95

- 196

. T he Court
sente nced Grubbs to confinement in the Institutional Division of the Department of Criminal Justice for life without the opportunity of parole on the Capital Murder charge, and confinement in the Institutional Division of the Departme nt of Criminal Justice for twenty (20) years on each of the tw o aggravated assault charges. 9 RR 202

- 203.

SUMMARY OF THE ARGUMENT In this matter , Grubbs complains that t he trial court committed errors relating to the exclus ion of certain hearsay statements, both in written letters and in audio/video recordings. T he trial court committed error when it failed to admit various letters from Bobbie Grubbs, written while he was incarcerated and waiting to b e tried. These statements tend to provide exculpatory material to Grubbs, as Bob bie Grubbs explains that he was the lone actor in the shootings and assaults.Grubbs v. State Page 6

Also , the trial court committed error when it failed to admit a DPS trooper's
in

- car video/audio recording of Bobbie Grubbs, while he was being transported by Trooper Barnes to the Montgomery County Jail. These statements also tend to provide exculpatory material to Grubbs, as Bobbie Grubbs admits he lied to and forced Grubbs, as an unwilling and/ or unknowing participant in his criminal acts. These excluded statements, while he arsay, fit an exception to the hearsay rule as an admission against interest. T EX
. R. E VID
. 803(24) (Texas Lawyer 2015). These statements provide important and relevant exculpatory statements that would have benefitted Grubbs in the guilt/innocence phase of her trial, such exclusion s were harmful to Grubbs, and are reversible error. ARGUMENT In this appeal, Grubbs asserts two (2 ) grounds of error in this case that entitle her to reversal of her convictions and a new trial. A. The trial court committed rever sible error when it failed to admit hearsay statements contained in letters written by Co
- Defendant Bobbie Grubbs which contained exculpatory statements relating to Appellant Grubbs . After eliciting testimony from her expert witness in the case, Grubbs' tr ial counsel asked for a bench conference outside the presence of the jury. 9 RR 77. At that time, Grubbs offered Defendant's exhibits 7

- 12, which were letters written by Co

- Defendant Bobbie Grubbs and were previously authenticated. 9 RR 78. The State o bjected to the letter exhibits as hearsay, specifically that the letterGrubbs v. State Page 7

exhibits did not fit the exception as statements by a co

- conspirator. 9 RR 78

- 79. Grubbs' trial counsel quickly pointed out to the State and trial court that the letter exhibits wer e being offered as statements against interest also. 9 RR 79. No additional argument was made by the State. 9 RR 79. After the trial court sustained the State's hearsay objection, Grubbs' trial counsel offered the letter exhibits for appellate purposes , and also for corroboration for other hearsay
statements. 9 RR 79

- 82. The State did not object to this offer as corroboration by Grubbs. 9 RR 79

- 82. After the court sustained the State's hearsay objection and thus end ing her

case - in

- chief, Grubbs, out side of the presence of the jury, testified under oath that she would exercise her Fifth Amendment right to remain silent and not take the witness stand. 9 RR 83

- 84.
T he admission or exclusion of evidence is a matter within the sound discretion of the t rial court, which is reviewed under an abuse of discretion standard. City of Brownsville v. Alvarado, 897 S.W.2d 750, 753 (Tex.1995) ; In re R.A.L., 291 S.W.3d 438, 446 (Tex.App.

- Texarkana 2009, no pet.)

. A trial court abuses its discretion if its decision is arbitrary, unreasonable, and without reference to any guiding rules and principles. Mercedes

– Benz Credit Corp. v. Rhyne, 925 S.W.2d 664, 666 (Tex.1996)

. “To reverse a judgment based upon error in the
admission or exclusion of evidence, the appellant must show that the trial courtGrubbs v. State Page 8

committed error and that the error was reasonably calculated to cause and probably did cause rendition of an improper judgment.” R.A.L., 291 S.W.3d at 446 ; McCraw v. Maris, 828 S.W.2d 756, 757 (Tex.1992) ). In this case, the trial court abused it s discretion in excluding the letters and hearsay statement s therein. When a co

- defendant makes an admission against interest, it is also admissible against the defendant, so long as (1) it is sufficiently against the co

defendant's own interest to be reliable, and (2) it is corroborated. Dewberry v.
State , 4 S.W.3d 735, 751 (Tex. Crim. App. 1999). Reliability is usually presumed when the declarant's statement falls under a traditional hearsay rule exception. Ohio v. Roberts , 448 U.S. 56, 68 (1980). However, a statement against the declarant's penal interest is not admissible unless corroborating circumstances clearly indicate the trustworthiness of the statement. T EX .R .E VID . 803(24) (Texas Lawyer 2015). A co

- defendant's statement against penal interest is presumed unreliable, however, to the extent it inculpates a defendant. See Lee v. Illinois , 476 U.S. 530, 546 (1986). The rationale for this proposition is the obvi ous motive of an accomplice to shift some or all of the blame away from himself. Id. at 545. In this case, Co

- Defendant Bobbie Grubbs admits that he was the lone actor. In Defendant's Exhibit Seven (7), Bobbie Grubbs writes to Cindy Heil that "DeeDra (s ic) is totally innocent. They have the bad guy, but they refuse to believe I was alone in this." 13 RR 133. Bobbie Grubbs also laments Grubbs'Grubbs v. State Page 9

incarceration and "...pray[s] all day long for DeeDra's (sic) release." 13 RR 133. Bobbie Grubbs states that "[s]he didn't fail. I did." 13 RR 134. In Defendant's Exhibit Eight (8), Bobbie Grubbs writes to Grubbs while she is in the same Montgomery County Jail as he is. 13 RR 135. Co

- Defendant Bobbie Grubbs tells Grubbs to not "... let your lawyer talk you into signing anything. You are innocent of all this and I can prove it. Put me up on the stand and I'll tellem (sic) how I made you knock on the door under the threat of death, by the 357 in my pants." 13 RR 136. Bobbie Grubbs confirms that he had kept Grubbs' necessary medication from her in order to control her : "All of your meds I hid from you were at the house. That's evidence you were off of them. I'm not scared to take responsibilities (sic) for my actions. You tellem (sic) what I did."
13 RR 136. Bobbie Grubbs even calls Grubbs a victim, stating "[y]our (sic) a victim too! Victim! Bobby is a crazy son of a bitch. He tryed (sic) to kill me too! He had a gun on me and held me prisoner (unreadable). So just tellem (sic) the truth...." 13 RR 137. In Defendant's Exhibit Nine (9), Bobbie Grubbs writes to Nancy Kuhn , his sister

- in

- law. 13 RR 138. He states that he'll "...be the bad guy on this. All of it. So make sure Dee doesn't try to protect me, she fears God and we are husband and wife, so don't let her take a bullet for me." 13 RR 140. Bobbie Grubbs furtherGrubbs v. State Page 10

states that "...she is innocent. Make her lawyer understand she acted out of fear for her life. I'm the bad guy." 13 RR 140. In Defendant's Exhibit Ten (10), Bobbie Grubbs writ es to Cindy Heil again, 13 RR 142, asking her to send Grubbs a letter for him (letter included in Exhibit 10
as 13 RR 144

- 154). 13 RR 143. In that letter to Grubbs, Bobbie Grubbs talks about making it crystal clear to her "suit" that "...it is all my fau lt." 13 RR 144. He goes on to say that "[a]ll the crimes are my mistakes. I'll fade all the heat due. I'll take full responsibilities (sic) for em (sic) all. It is the only thing I can do. I took you by gunpoint, I wasn't myself. I would of (sic) ki lled you too." 13 RR 146. Bobbie Grubbs further states: "I'll sign any affidavit they want. It's not fair you have to pay just by having my last name. Don't stay silent. Tell the Judge to call me for a bench warrant. Do not get railroaded. Don't ta ke any deals. None! It will prove guilt. Stay away from deals." 13 RR 146. Later, Bobbie Grubbs continues: "All I can do is yell, stomp, write, I made you do this crime. Your mental capacity and being scared for your life is why you we nt to the Wood lands that day . . . . All I do know is I was really mean to you and I made you go with me." 13 RR 149. In Defendant's Exhibit Eleven (11), Bobbie Grubbs writes Grubbs, again while in the same Montgomery County Jail. 13 RR 155. He once again pleads

w ith Grubbs to take no deals and that she will be released because she is innocent:Grubbs v. State Page 11

"On your case, don't take any deals that admits your (sic) guilty. Your (sic) not! If it goes to trial, Good! But remember my arrest. They were all going to trial, unti l they seen (sic) I was innocent, then it's like oh okay you can go. Remember? The same for you honey." 13 RR 157. In Defendant's Exhibit Twelve (12), Bobbie Grubbs writes to Grubbs again, stating that she "...may have to go to Center. After I tell th e truth, you'll be free." Bobbie Grubbs later attempts to persuade Gru bbs that her lawyer should go talk to him: "I'm your husband. The person who done (sic) those awful things wasn't me." "Being charged and being convicted are two different things. Y ou may be charged, but you'll never be convicted. Tell your lawyer he can come talk to me. I'll actually insist on it." 13 RR 161. All of these hearsay statements by the co

- defendant Bobbie Grubbs are sufficiently against his penal interest , self

- incul patory, and do not attempt to blame

- shift from himself to Grubbs. In fact, his statements do the opposite by taking full responsibility

. Reliability is also shown when a defendant's own statement confirms the essential facts of a co

- defendant's statement s. See Cruz v. New York , 481 U.S. 186 (1987). In this case, Grubbs made a voluntary statement shortly after her arrest. This video/audio statement was shown to the jury (State's Exhibit 29 ), along with a transcript for the limited purpose of following a long with the video/audio recordingGrubbs v. State Page 12

(State's Exhibit 28). 4 RR 202

- 213. Grubbs statements sufficiently corroborate the same story of Bobbie Grubbs', from the inconsequential statement of ordering pizza at the Joaquin Country Inn, to the statements that h e acted, primarily, alone at the Joaquin Country Inn

. See State's Exhibit 28; 10 RR 76, 78, 79, 85

- 91. Bobbie Grubbs testified at this trial , over warnings and admonitions of his attorney, after he was convicted of Capital Murder, among other charges, wh ich were currently on appeal. 8 RR 14

- 16. His statements from the time of the aggravated assault in Montgomery County to the Joaquin Country Inn shooting and assaults corrobora te the statements of Grubbs and vice versa. 8 RR 34

- 48. In dicta, the Dallas Court of Appeals did not find that minor discrepancies to be determinative when deciding corroboration and thus, admissibility. Lopez v. State , 2003 WL 751809 (Tex. App

– Dallas, no writ). In this case, the statements of the

co - defendants corroborate th emselves. Overw helming corroborating statements and circumstances indicate trustworthiness and admissibility, whereas the self

incriminating character of statements stand on their own prong for admissibility. Walter v. State , 267 S.W.3d 883, 899

- 900 (T e x . Crim. App. 2008). In this particular case, there is no doubt as to the overwhelming nature of both prongs and it was error to exclude these statements from the jury

. T he se letters from Bobbie Grubbs , the r e c o r d e d s t a t e m e n t o f G r u b b s , and t h e recorded audio/video of Bobbie Grubbs in Trooper Barnes ' car all corroborate eachGrubbs v. State Page 13

other , along with Bobbie Grubbs ' live testimony at trial. The corroboration must be sufficiently convincing to clearly indicate the trustworthiness of the statement.
Davis v. State , 872 S.W.2d 743 (Tex. Crim. App. 1994). A trial court should consider a number of factors: (1) whether the guilt of the declarant is inconsistent with the guilt of the defendant; (2) whether declarant was so situated that he might have committed the crime; (3) the timing of the declaration; (4) the spontaneity of the declaration; ( 5) the relationship between the declarant and the party to whom the statement is made; and (6) the existence of independent corroborative facts. Id. at 749. First of all, the guilt of Bobbie Grubbs is not inconsistent with Grubbs' guilt. The evidence at trial indicates the two were together the entire time, from the Cashdollar's home, to the Joaquin Country Inn, to the arrest in Liberty County. Secondly, Bobbie Grubbs was situated so that he might have committed the crimes he alleges. Once again, the ev idence at trial indicates the two were together the entire time, from the Cashdollar's home, to the Joaquin Country Inn, to the arrest in Liberty County. Third, Bobbie Grubbs has made the same consistent statements since his arrest, through the entire pre

- trial time period in letters written, and now during Deedra Grubbs' trial. Fourth, Bobbie Grubbs made these statements spontaneously. The statements made to Trooper Barnes were not in response to questioning or interrogation by the Trooper. Fifth, the letters written by BobbieGrubbs v. State Page 14

Grubbs were written to friends and family, and even when made to Trooper Barnes, the statements were given in response to an interrogation. Lastly, the State developed independent corroborative facts which verified the statements given and written by Bobbie Grubbs. Mrs. Cashdollar stated that Bobbie Grubbs directed Grubbs to get the guns. 4 RR 52. She stated that Bobbie Grubbs was the one that hit her coming in the door and slammed her to the ground. 4 RR 55. Trooper Rayburn st ated that when looking at the records at the Joaquin Country Inn, Bobbie Grubbs had rented Room 101 on April 26, 2012. 6 RR 137. Trooper Rayburn also confirmed that was Bobbie Grubbs' car in the parking lot of the Joaquin Country Inn. 6 RR 137

- 138. Tro oper Rayburn was also part of a group that found a gun discarded on State Highway 103, where Bobbie Grubbs told them he had thr own the gun. 6 RR 149

- 150. Quinton "Sam" Watts also stated that it was only Bobbie Grubbs that entered the room, waving the gun , and it was Bobbie Grubbs who fired the shots. 7 RR 93

- 96. These independent corroborative facts, plus the aforementioned evidence demonstrating the other Davis factors, indicate Bobbie Grubbs' statements were trustworthy under T EX
. R. E VID
. 803(24).
T herefore, Defendant's Exhibit 15 was admissible under T EX
. R. E VID
. 803(24) (Texas Lawyer 2015)

. Grubbs was prevented from providing exculpatory and mitigating evidence to the jury by and through these statements against interest made by BobbieGrubbs v. State Page 15

Grubbs. The trial court's failure to admit these letters constitutes reversible error. For this reason, Grubbs’ conviction should be overturned, and s he should be granted a new trial.
B. The tr ial court committed reversible error when it failed to admit hearsay statements made by Co
- Defendant Bobbie Grubbs contained in a DPS trooper's in
- car video/audio recording which contained exculpatory statements relating to Appellant Grubbs. After elicitin g testimony from her expert witness in the case, Grubbs' trial counsel asked for a bench conference outside the presence of the jury. 9 RR 77. At that time, Grubbs offered Defendant's exhibits 7

- 12, which were letters written by Co

- Defendant Bobbie Grubb s and were previously authenticated. 9 RR 78. The State objected to the letter exhibits as hearsay, specifically that the letter exhibits did not fit the exception as statements by a co

- conspirator. 9 RR 78

- 79. Grubbs' trial counsel quickly pointed ou t to the State and trial court that the letter exhibits were being offered as statements against interest also. 9 RR 79. No additional argument was made by the State. 9 RR 79. After the trial court sustained the State's hearsay objection, Grubbs' trial counsel offered the letter exhibits for appellate purposes, and also for corroboration for other hearsay
statements. 9 RR 79

- 82. The State did not object to this offer as corroboration by Grubbs. 9 RR 79

- 82. Grubbs' trial counsel then offered Defenda nt's exhibits 15 and 16, both as corroboration of the excluded letters and as corroboration of the statements of Bobbie Grubbs and the recorded interview of Grubbs. 9 RR 80

- 82.Grubbs v. State Page 16

Defendant's exhibits 15 and 16 were also offered, as the letters beforehand, as statements against interest. 9 RR 80

- 82. Authentication of Defendant's exhibits 15 and 16 was stipulated. 9 RR 81. Both Defendant's exhibits 15 and 16 were excluded by the trial court on the State's hearsay objections . 9 RR 82. After the
court sus tained the State's hearsay objection and thus ending her case

- in

- chief, Grubbs, outside of the presence of the jury, testified under oath that she would exercise her Fifth Amendment right to remain silent and not take the wit ness stand. 9 RR 83

- 84.
In a similar argument as contained in the first issue, Grubbs only complains on appeal about the exclusion of Defendant's Exhibit 15. When a co

- defendant makes an admission against interest, it is also admissible against the defendant, so long as (1) it is suf

ficiently against the co

- defendant's own interest to be reliable, and (2) it is corroborated. Dewberry v. State , 4 S.W.3d 735, 751 (Tex. Crim. App. 1999). Reliability is usually presumed when the declarant's statement falls under a traditional hearsay ru le exception. Ohio v. Roberts , 448 U.S. 56, 68 (1980). However, a statement against the declarant's penal interest is not admissible unless corroborating circumstances clearly indicate the trustworthiness of the statement.
T EX .R.E VID . 803(24) (Texas Law yer 2015). A co

- defendant's statement against penal interest is presumed unreliable, however, to the extent it inculpates a defendant. See Lee v. Illinois , 476 U.S. 530, 546 (1986). The rationale for thisGrubbs v. State Page 17

proposition is the obvious motive of an accompli ce to shift some or all of the blame away from himself. Id. at 545. In the excluded audio/video, Defendant's Exhibit Fifteen (15) shows co

defendant Bobbie Grubbs, after arrest in DPS Trooper Barnes' patrol car, waiting and then travelling to the Montgome ry County Jail. Bobbie Grubbs makes many
statements to Trooper Barnes against his penal interest during this recording: "She is totally blameless. I made her go to the house with me." 13 RR 166 (at approx. 14:50 minutes ). "I'm bad, she's not. I mad e her do everything. She didn't pull no (sic) triggers. I took her with me because she was a witness." 13 RR 166 (at approx. 15:44 minutes). "She has done nothing wrong. I made her. I had a gun on her. And made her go to that lady's house. She didn' t want to. I made her." 13 RR 166 (at approx. 18:38 minutes). "I told her I was bringing her back, where did she want to go, and she said "Bobbie, I want you to shoot me, after what you have done today. They will blame me. And I told her, "Baby, you ha ve done nothing wrong."" 13 RR 166 (at approx. 20:17 minutes). "She hasn't taken it (her medicine). I wouldn't let her. She's not the problem here; it's me. I made her go with me." 13 RR 166 (at approx. 30:02 minutes).Grubbs v. State Page 18

"She is totally innocent. I had her at gunpoint." 13 RR 166 (at approx. 1:00:37). "I made Deedra go up to the door and I had a pistol in the back of my pants. I had her at gunpoint and told her, "I will shoot you if you don't do it." She freaked out, so I had to take her when I ran. I made her go with me." 13 RR 166 (at approx. 1:03:15). "They can't fully charge her because she didn't do it, and if they do, they are wrong." 13 RR 166 (at approx. 1:05:54). "Deedra didn't have anything to do with it. That's why she was acting like
t hat." 13 RR 166 (at approx. 1:25:06). Statements made to friends, loved ones, or family members normally do not raise the same trustworthiness concerns as those made to investigating officers because there the declarant has an obvious motive to minimize h is own role in a crime and shift the blame to others. Walter v. State , 267 S.W.3d 883, 898 (Tex. Crim. App. 2008) (comparing to Williamson v. United States , 512 U.S. 594 (1994).). In this case, these self

- inculpatory statements were given to an investiga ting officer, in fact, while in a Texas DPS patro l car while heading to jail. There were no statements minimizing Bobbie Grubbs' role in these crimes. And the statements made to friends, family, and loved ones contained in the lettersGrubbs v. State Page 19

discussed above in Issue One , contained these s ame self

- inculpatory statements, lending themselves to trustworthiness as well. Further, the recorded statement of Grubbs, this recorded audio/video of Bobbie Grubbs, and the letters from Bobbie Grubbs all corroborate each other , along with Bobbie Grubbs live testimony at trial. The corroboration must be sufficiently convincing to clearly indicate the trustworthiness of the statement.
Davis v. State , 872 S.W.2d 743 (Tex. Crim. App. 1994). A trial court should consider a number of factors: (1) whether the guilt of the declarant is inconsistent with the guilt of the defendant; (2) whether declarant was so situated that he might have committed the crime; (3) the timing of the declaration; (4) the spontaneity of the declaration; ( 5) the relationship between the declarant and the party to whom the statement is made; and (6) the existence of independent corroborative facts. Id. at 749. First of all, the guilt of Bobbie Grubbs is not inconsistent with Grubbs' guilt. The evidence at trial indicates the two were together the entire time, from the Cashdollar's home, to the Joaquin Country Inn, to the arrest in Liberty County. Secondly, Bobbie Grubbs was situated so that he might have committed the crimes he alleges. Once again, the ev idence at trial indicates the two were together the entire time, from the Cashdollar's home, to the Joaquin Country Inn, to the arrest in Liberty County. Third, Bobbie Grubbs has made the same consistent statementsGrubbs v. State Page 20

since his arrest, through the entire pre

- trial time period in letters written, and now during Deedra Grubbs' trial. Fourth, Bobbie Grubbs made these statements spontaneously. The statements made to Trooper Barnes were not in response to questioning or interrogation by the Trooper. Fifth, the letters written by Bobbie Grubbs were written to friends and family, and even when made to Trooper Barnes, the statements were given in response to an interrogation. Lastly, the State developed independent corroborative facts which verified the statements given and written by Bobbie Grubbs. Mrs. Cashdollar stated that Bobbie Grubbs directed Grubbs to get the guns. 4 RR 52. She stated that Bobbie Grubbs was the one that hit her coming in the door and slammed her to the ground. 4 RR 55. Trooper Rayburn st ated that when looking at the records at the Joaquin Country Inn, Bobbie Grubbs had rented Room 101 on April 26, 2012. 6 RR 137. Trooper Rayburn also confirmed that was Bobbie Grubbs' car in the parking lot of the Joaquin Country Inn. 6 RR 137

- 138. Tro oper Rayburn was also part of a group that found a gun discarded on State Highway 103, where Bobbie Grubbs told them he had thr own the gun. 6 RR 149

- 150. Quinton "Sam" Watts also stated that it was only Bobbie Grubbs that entered the room, waving the gun , and it was Bobbie Grubbs who fired the shots. 7 RR 93

- 96. These independent corroborative facts, plus the aforementioned evidence demonstrating the other Davis factors, indicate Bobbie Grubbs' statements were trustworthy under T EX
. R. E VID
. 803(24).Grubbs v. State Page 21

T herefore, Defendant's Exhibit 15 was admissible under T EX
. R. E VID
. 803(24) (Texas Lawyer 2015)

. For this reason, the trial court should have admitted the statements made by Bobbie Grubbs to Troope r Barnes , and its failure to do was reversible error. As

s uch, this Court should reverse Grubbs’ convi ction in this case and grant her a new trial. CONCLUSION AND PRAYER WHEREFORE PREMISES CONSIDERED , Appellant Deedra Grubbs respectfully requests that the Court : (i.) reverse the convic tions in this case and grant her a new trial, and (i i.) grant to her any and all further relief to which s he may be entitled.
R espectfully submitted , T HE L AW O FFICE OF J EFF A DAMS , PLLC 119 Logansport Street Center, Texas 75935 Tel: (936) 598

- 4900 Fax: (936) 598

- 4905 Email: jeff@jeffadamslaw.com
By: /s/ Jeff Adams Jeffrey D. Adams Texas Bar No. 24006736 Attorney for Deedra GrubbsGrubbs v. State Page 22 CERTIFICATE OF SERVICE This is to certify that on the 3 rd day of July , 2015, a true and correct copy of the above and foregoing document was served on the following in accordan ce with the Texas Rules of Appellate Procedure: Mr. Kenneth Florence Shelby County District Attorney 200 San Augustine Street Center, Texas 75935 (936) 598

- 4106 (Facsimile) /s/ Jeff Adams Jeff Adams

CERTIFICATE OF WORD COUNT COMPLIANCE I certify that the word count of thi s Appellant’s Brief is 5415 words. I relied on the word count function of my word processor to determine this count. By: /s/ Jeff Adams Jeff Adams