Factual Sufficiency Review of Evidence In Texas

Under Clewis v. State, 922 S.W.2d 126, 133 (Tex.Crim.App. 1996), a court of appeals reviews the factual sufficiency of the evidence when properly raised after a determination that the evidence is legally sufficient. Id. In conducting a factual sufficiency review, the court of appeals views all the evidence without the prism of "in the light most favorable to the prosecution" and sets aside the verdict only if it is so contrary to the overwhelming weight of the evidence as to be clearly wrong and unjust. Id. In conducting a factual sufficiency review, the court of appeals reviews the fact finder's weighing of the evidence and is authorized to disagree with the fact finder's determination. This review, however, must be appropriately deferential so as to avoid an appellate court's substituting its judgment for that of the jury. If the court of appeals reverses on factual sufficiency grounds, it must detail the evidence relevant to the issue in consideration and clearly state why the jury's finding is factually insufficient. The appropriate remedy on reversal is a remand for a new trial. Id. A factual sufficiency review must be appropriately deferential so as to avoid the appellate court's substituting its own judgment for that of the fact finder. Santellan v. State, 939 S.W.2d 155, 164 (Tex.Crim.App. 1997). This court's evaluation should not substantially intrude upon the fact finder's role as the sole judge of the weight and credibility of witness testimony. Id. The appellate court maintains this deference to the fact findings, by finding fault only when "the verdict is against the great weight of the evidence presented at trial so as to be clearly wrong and unjust." Id. The court discussed three major principles to guide courts of appeals when conducting a factual sufficiency review. First is the principle of deference to jury findings. . . . In Clewis we explained that appellate courts should only exercise their fact jurisdiction to prevent a manifestly unjust result; those courts are not free to re-weigh the evidence and set aside a jury verdict merely because the judges feel that a different result is more reasonable. Clewis at 135. . . . a court of appeals may not reverse a jury's decision simply because it disagrees with the result; the appellate court must defer to jury findings and may find the evidence factually insufficient only where necessary to prevent manifest injustice. Second, courts of appeals must support a finding of factual insufficiency by providing a detailed explanation of that finding so that this court can ensure that the appellate court accorded the proper deference to the jury finding. Clewis at 135. . . . We explained that where a court of appeals reverses a lower court decision on factual sufficiency grounds, it should detail the evidence relevant to the issue in consideration and clearly state why the jury's finding is factually insufficient . . . as to be manifestly unjust; why it shocks the conscience; or clearly demonstrates bias. Further those courts, in their opinions, should state in what regard the contrary evidence outweighs the evidence in support of the verdict. Clewis at 135. Third, the standard of review for factual insufficiency states that courts of appeals must review all the evidence. This differs from a legal sufficiency review where the court of appeals considers only the evidence that supports the verdict. the court of appeals must consider the evidence as a whole, not viewing it in the light most favorable to either party. Clewis further states: In consideration of a factual sufficiency review, an appellate court reviews the factfinder's weighing of the evidence and is authorized to disagree with the factfinder's determination. This review, however, must be appropriately deferential so as to avoid an appellate court substituting its judgment for that of the jury. Clewis v. State, 922 S.W.2d 126, 133 (Tex. Crim. App. 1996). The court of appeals avoids substituting its judgment for that of the factfinder by remanding the cause for a new trial. Clewis, 922 S.W.2d at 133-134.