The Texas Court

Of Criminal Appeals

------

No. YAG-APP-2014

------

Greg Shears,

The Appellant

The State of Texas,

Appellee

------

On Appeal from

The 108th Criminal District Court

------

Brief for the Appellee

Jacob Shaw

Angel Cruz-Sanchez

Del Valle

To The Honorable Court Of Criminal Appeals

Statement of the Case

Mr. Greg Shears was charged and convicted of the July 5, 2013 murder of both Millie Sanders and her son Tommie Sanders. Shears was found guilty of these charges in the 108Th Criminal District Court of Coco County, Texas on October 1, 2013. Now, Mr. Shears is filing an appeal on the basis of two errors. First, whether the district court abused its discretion in failing to grant Shears’ motion for a new trial or a new sentencing proceeding after learning that the jury foreperson contacted several news media outlets during the trial. Second, whether the district court erroneously denied Petitioner’s Motion for New Trial after learning that the Prosecution had withheld exculpatory

evidence. We believe that the State acted in their best interests and should be upheld.

II. Issues and Applicable Law

FACTUAL BACKGROUND

The events of this case occurred in the City of Brookbend, Coco County, Texas. Just before 12:30 a.m. on July 5, 2013, Millie Sanders and her adult mentally disabled son Tommy Sanders were found murdered in Penny Park Village in the trailer they

sometimes shared with Greg Shears. Approximately two hours later, just after 2:30

a.m., Mr. Shears was found in the nearby trailer of Mary Smirnis, asleep on her couch.

Around 12:30 a.m., Mr. Shears had arrived at Ms. Smirnis’ trailer, staggering around, barely able to stand and disoriented. He was wearing a furry leopard printed bathrobe over a n orange t-shirt and flower print jams. Reportedly there was blood on the t-shirt and jams however, Ms. Smirnis had Mr. Shears take off his clothing and washed it.

The State collected evidence from the crime scene and from the trailer the victim and Shears sometimes shared. An autopsy was performed on the victims, and Shears’

personal effects were collected and catalogued. On Oct. 1, 2013, Mr. Greg Shears was found by the jury, guilty of the offense of capital murder as charged in the indictment.

The Jury, having heard all the evidence in the murder trial of Millie Sanders plus her son Tommy Sanders and being duly charged by the Court, retired to consider its verdict, and after due deliberation, returned into open Court, on the 1st day of October 2013, their answers to the following Special Issues, and their verdict:

SPECIAL ISSUE NUMBER 1: Is there a probability that the Defendant, GREG SHEARS, would commit criminal acts of violence that would constitute a continuing threat to society?

ANSWER: We, the jury, unanimously find and determine beyond a reasonable doubt that the answer to this Special Issue is "Yes".

SPECIAL ISSUE NUMBER 2: Taking into consideration all of the evidence, including the circumstances of the offense, the Defendant's character and background, and the personal moral culpability of the Defendant, do you find that there is a sufficient mitigating circumstance or circumstances to warrant a sentence of life imprisonment rather than a death sentence be imposed?

ANSWER

We, the Jury, unanimously find and determine that the answer to this Special Issue is "No".

Upon receipt of the Jury Verdict, then on the 11th day of October 2013, the Court then discharged the Jurors and then proceeded to sentence the Defendant, Greg Shears. Before sentencing, the Defendant, Greg Shears, was asked by the Court whether he had anything to say why sentence should not be pronounced against him, and the Defendant answered nothing in bar thereof.

Today the choice is simple, when asked by the court if he had anything to say on his behalf, he said no. He was duly convicted by a jury of his peers, and a Judge had already dismissed all of these arguments previously.

III. Issues and Applicable Law: Points Of Error

(1) That the Trial Court abused its discretion in not suppressing Appellants statements to the police as such statements were not made voluntarily;

(2) That the Court abused its discretion in certifying Appellant to stand trial as an adult.

IV CONCLUSION

The entire prosecution case was based upon statements that have been proven to the satisfaction of judge not to be true. The statements were made in hopes of getting a new trial. However, the whole idea was investigated by Judge and ruled against. Neither of these events were illegal nor did they abused the civil rights of the defendant. The overwhelming evidence leads one to believe that______

V. PRAYER

For these reasons we pray that this court would confirm the decision of the lower court.

Respectfully Submitted By:

Jacob Shaw

Angel Cruz-Sanchez

Attorneys for Appellee

Del Valle High School