Schaefer v. State (Unpublished Memo): It’s pretty clear that husband and wife had a rocky relationship. But was there an assault as alleged in the information? When the wife recants the assault allegation, the husband claims that all other testimony factually insufficient to support a conviction. But between the wife’s report to peace officers (admissible) and the testimony of wife’s friend (who spoke to wife shortly after the event) there’s enough evidence to overcome a sufficiency of the evidence challenge.
As alluded to in the title of this post, the testimony here was all over the board. Depending on who the jury believed, it’s entirely possible that there was no assault. But the jury chose to believe the testimony that pointed to assault. The Tyler court gave the jury’s determination “due deference.”
