Epps v. State

In Epps v. State, 24 S.W.3d 872 (Tex. App.-Corpus Christi 2000, pet. ref'd), the defendant and two accomplices burglarized a home. During the commission of the burglary, an elderly neighbor walked to the home and determined that he was witnessing a burglary. Shortly thereafter, the neighbor was unexpectedly shot; the defendant then appeared before the neighbor, told him that he was going to kill him, and took multiple shots at him from close range. After being convicted for aggravated robbery, the defendant appealed to this Court, complaining that letters he wrote from jail were erroneously admitted during the punishment stage of trial. The defendant complained that the letters were "used by the State to portray him as incorrigibly violent and racist." The Court noted that in these letters, "the defendant routinely used extremely profane words, such as 'whore,' 'n--' and 'b--,' that reduce people to a subhuman level. . . . When the jurors looked at the defendant's violent and dehumanizing diction in the letters, any number of stereotypical caricatures of African-American males could have affected their judgment." The Court further noted, however, that the same jurors "heard the detailed testimony about the act the defendant committed, and about an extreme lack of remorse that he appeared to have after committing the act." The Court then held that "in light of the overwhelming evidence of the defendant's guilt and insensitivity to the victims of his crime . . . any possible error caused by any possible racial bias that was provoked by the defendant's letters was harmless."