[Download] "Commonwealth v. Levanduski" by Texas In The State Of Texas 11Th Court Of Appeals Eastland " Book PDF Kindle ePub Free
eBook details
- Title: Commonwealth v. Levanduski
- Author : Texas In The State Of Texas 11Th Court Of Appeals Eastland
- Release Date : January 02, 2006
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 86 KB
Description
1 Appellant, Teri Lynn Levanduski, appeals from the judgment of sentence entered in the Monroe County Court of Common Pleas, following her jury-trial conviction for murder in the first degree as an accomplice, conspiracy to commit murder in the first degree, hindering apprehension, and solicitation to commit murder in the first degree. Appellant asks us to determine whether: (1) the trial court committed reversible error when it admitted a letter, written by the victim, identifying Appellant as a suspect and suggesting her motive for his murder; (2) the suppression court erred when it refused to suppress Appellants inculpatory statements, which were obtained during a custodial interrogation, absent Miranda warnings; (3) the trial court erred when it admitted into evidence at trial the nude and semi-nude photographs of Appellant and her paramour, Mr. Lennard Fransen. We hold: (1) the trial court erred when it admitted the victims letter at trial, because the letter constitutes hearsay and does not qualify for admission at trial under a recognized exception to the hearsay rule; nevertheless, this evidentiary ruling was harmless error, where otherwise properly admitted evidence overwhelmingly established Appellants guilt beyond a reasonable doubt; (2) Appellants confession was admissible because she was not the subject of a custodial interrogation when she initially confessed; and, after receiving her Miranda warnings and waiving her right to remain silent and right to counsel, she freely and willingly repeated her confession to police; (3) Appellants third issue is waived for failure to develop a cognizable or appropriate legal argument on appeal. Accordingly, we affirm.