Oursbourn v. State (Tex. Crim. App. 2006)
Oursbourn v. State (Tex. Crim. App. 2006): Voluntariness of Statements and Jury Instructions
When evidence raises involuntariness, Texas juries must be instructed to disregard coerced statements.
Background
Oursbourn’s statements were admitted at trial. He argued they were involuntary and that the jury should have been instructed to evaluate voluntariness and disregard any coerced confession. The case required the Court of Criminal Appeals to clarify how Texas handles voluntariness claims under both constitutional principles and Article 38.22 of the Code of Criminal Procedure.
Questions Presented
- When is a defendant entitled to a jury instruction on the voluntariness of a statement?
- Does “involuntary” include pressures short of classic police coercion?
Majority Opinion — Judge Cathy Cochran
Holding: If evidence raises a genuine issue about voluntariness, the defendant is entitled to a jury instruction to disregard the statement unless the State proves voluntariness. Texas law recognizes statutory and constitutional paths to challenge statements, and the instruction is required when the issue is raised by the evidence.
The Court parsed three avenues: (1) federal due process involuntariness (police overreach that overbears the will), (2) Texas statutory voluntariness under Article 38.22 (broader protections and procedural requirements), and (3) Miranda/Article 38.22 warnings and waiver. Importantly, Texas voluntariness is not limited to threats or violence; factors like youth, mental state, intoxication, deceptive tactics, and prolonged interrogation can raise the issue. Once raised, the jury—not just the judge—must resolve voluntariness with proper instructions.
In Montgomery County, Oursbourn supports motions and jury charges to exclude or discount statements in assault, theft, and drug cases. Defense practice should build a record: length of questioning, time of night, promises of leniency, isolation from family or counsel, and the client’s vulnerabilities. When the voluntariness instruction is wrongly refused, reversible error is often the result.