Jessica Bundren v. The State of Texas

Summary

The Thirteenth Court of Appeals of Texas considered Jessica Bundren’s appeal from her conviction for injury to a child, for which she received a life sentence. The court rejected her challenges to the sufficiency of the evidence, admission of photographs, and effectiveness of trial counsel, and affirmed the conviction.

Holdings

1. The evidence was sufficient for a rational factfinder to find beyond a reasonable doubt that Bundren intentionally or knowingly caused serious bodily injury to Amy by striking her with a belt.
2. The court did not decide the sufficiency of the evidence under the omission theory because the evidence was sufficient under the striking theory and the omission issue was not dispositive.
3. The trial court did not abuse its discretion by admitting the challenged crime-scene and autopsy photographs because they were relevant and probative, were not substantially outweighed by unfair prejudice, and did not depict autopsy-caused mutilation.
4. Bundren failed to establish ineffective assistance because, even assuming counsel should have objected to Dylan's text messages, the remaining evidence was sufficient and there was no reasonable probability of a different result.

Questions Presented

1. Whether the evidence was sufficient to prove that Bundren intentionally or knowingly caused Amy serious bodily injury by striking her.
2. Whether the evidence was sufficient to prove that Bundren intentionally or knowingly caused Amy serious bodily injury by omission, including failure to protect her or seek prompt medical attention.
3. Whether the trial court abused its discretion by admitting multiple crime-scene and autopsy photographs under Texas Rule of Evidence 403.
4. Whether trial counsel rendered ineffective assistance by failing to object to hearsay and extraneous-offense evidence contained in text messages.

Disposition

affirmed