Cranford put her Great Dane dog in the study. Appellant was ready to submit to the authority of the pastor. On October 20, 2003, appellant filed written objections to the remoteness of the testimony of certain designated witnesses citing, Texas Rules of Evidence 401 and 402. As noted, on November 18, 2003, another search warrant was issued by a district judge to search the hard drive of appellant's computer for, inter alia, information, photos, and text from a Web site named necrobabes.com and information pertaining to death by asphyxiation. Some of these exhibits were introduced into evidence. 403. In Rosa v. Commonwealth, 48 Va.App. Holik had plans to meet on the weekend with a man who was leaving her house when she talked to Barajas on the telephone. Lived In Montgomery NY, Valhalla NY, Boca Raton FL, Wappingers Falls NY. The trial court was careful to eliminate images of unrelated sexual activity and nudity, leaving only those images showing ligature and manual strangulation of women and other items pertinent to this circumstantial evidence case where a woman was strangled in her own home. Later, Cranford described the incident to a friend, who subsequently called her and asked her to look at a composite drawing in the newspaper and the accompanying story. The thrust of Rule 403 is to favor the admissibility of evidence, Goodwin v. State, 799 S.W.2d 719, 738-39 (Tex.Crim.App.1990), and there is a presumption of the admissibility of the evidence. During the conversation Holik panicked when she realized that she did not have her expensive engagement ring on her hand. We conclude from all the evidence that a rational jury could have found beyond a reasonable doubt all the essential elements of capital murder, including the aggravating element of robbery involving the timely formed intent to steal. There were no objections based on Rule 404(b) included in the written objections. Tex.R. The name necrobabes.com was indirectly obtained from the computer search pursuant to the search warrant of June 18th, but that was a legal search and did not taint the acquisition of the name. ref'd). Diana Holik - Address & Phone Number | Whitepages This was done with the consent of the Web site operator. ref'd). "When Holik was killed, I called police and said 'It's him."'. Appellant's wife, Janet, was a school teacher for the Smithville Independent School District. Matamoros v. State, 901 S.W.2d 470, 474 (Tex.Crim.App.1995); Brewer v. State, 126 S.W.3d 295, 297 (Tex.App.-Beaumont 2004, pet. Tex. Police Blotter: Necrobabes.com leads to murder conviction Some witnesses testified that they were nervous or uncomfortable during and after the encounters and testified about remaining on a cell phone, staying away from appellant, staying at the front door, going to a place where they could be heard if they screamed, or calling the police or family members after the encounter. See Tex.R.App. There are two ways in which a court may find the evidence to be factually insufficient: if the evidence supporting the verdict is so weak as to make the finding of guilt clearly wrong or manifestly unjust, or if the verdict is against the great weight and preponderance of the evidence. He testified that he hypothesized the coincidental chances of obtaining the same nuclear DNA results in this case would be one in 16,817. The evidence shows that appellant and his wife had a $199,000 mortgage on their trailer home in Bastrop.4. View the profiles of people named Diane Holick. Rector examined the computer with a program called Encase, which is designed to recover any data located on a hard drive, whether it is an active computer file or a previously deleted file. Jackson v. Virginia, 443 U.S. 307, 319, 99 S.Ct. The prosecution offered evidence of appellant's financial condition during the time period in question. She was born in Bay Shore, Long Island on September 10, 1958 to Wilfried and Ingrit (Wauer) Holik. Pastor Fox stated that appellant felt that he was going to be arrested for killing a lady. Rector presented the information extracted from the computer to the prosecutor, who noticed that the computer's Internet history (which contained no Web pages or images) made reference to a Web site named necrobabes.com, which was later determined to be an asphyxiation-type pornographic Web site. Id. Appellant relies on Rule 40111 to claim that the testimony of seven of the female homeowners and realtors concerning their encounters or interactions with appellant was too remote to be relevant. ref'd) (finding under Rule 803(3) that the trial court did not err in admitting into evidence the murder victim's prior statement that she was going to fire defendant, an employee); Pena v. State, 864 S.W.2d 147, 149-150 (Tex.App.-Waco 1993, no pet.) Diane Holik - IMDb The statement met all the requisites as described in Brown. P. 38.1; Hankins v. State, 132 S.W.3d 380, 385 (Tex.Crim.App.2004). Appellant then asked several times when Cranford's husband would be home. Also known as Diane T Holik, D T Holik. On October 29, 2003, during a separate pretrial hearing, the written objections were mentioned. He was not permitted entry and rejected statements suggesting that he contact his realtor. This memorial website was created in memory of Diane T Holik, 43, born on September 10, 1958 and passed away on November 16, 2001. He was a full-time unskilled employee at a custom-cabinet-making company. Rule 404(b) provides:(b)Other Crimes, Wrongs or Acts. Priest testified that appellant did not appear at the station on the day and time in question. Cranford thought the drawing bore a very good resemblance to appellant. Holik was excited because she thought she had sold her home. Want to adopt? Id. Coffin v. State, 885 S.W.2d 140, 149 (Tex.Crim.App.1994). TILLA RE LLC in Wichita Falls, TX | Company Info & Reviews The court added: This principle applies equally to a search for electronic files. In fact, appellant did not request that the court reporter's record be included in the appellate record. Details. It was later shown that the police did not inform appellant that any jewelry was missing from the Holik home. Diane Holik Vanmil, Miami, FL (33144) - Spokeo He knew that Holik had been trying to sell her home. Diane Holik was born on 10 September 1958 in Bay Shore, New York, USA. See Tex.R.App. Penal Code Ann. [C]ontemporaneity of the event and the declaration by itself, should be a sufficient guarantee for admissibility Contemporaneity of the event may be inferred circumstantially. 2 Steven Goode, Olin Guy Wellborn, III & M. Michael Sharlot, Texas Practice: Guide to the Texas Rules of Evidence 803.2 (3d ed.2002) (citing Vanderhorst v. State, 821 S.W.2d 180, 183 (Tex.App.-Eastland 1991, pet. The testimony presented before the jury showed that Holik planned and had the intent to meet the man who just left the following Saturday. Cranford was close to him. We have the court reporter's affidavit stating that the penalty stage record is available, but that appellant's first appointed appellate counsel did not request the transcriptions of that portion of the record. There was evidence indicating that appellant had been to the Holik house twice on November 15, 2001, as he had been to other homes for sale in the Great Hills subdivision on November 15, 2001. The warrant was executed. Please complete the captcha to let us know you are . Matson, 819 S.W.2d at 846; Ware v. State, 62 S.W.3d 344, 349 (Tex.App.-Fort Worth 2001, pet. Susan Fox, the pastor's wife, testified about the same conversation. 193, 226 n. 100 (Fall 2005) (citing in the following order: Guest v. Leis, 255 F.3d 325, 336 (6th Cir.2001) (noting that computer users do not have a legitimate expectation of privacy in their subscriber information because they have conveyed it to another person-the system operator); United States v. Cox, 190 F.Supp.2d 330, 332 (N.D.N.Y.2002) (holding that there is no reasonable expectation of privacy in subscriber information provided to Internet service provider); United States v. Kennedy, 81 F.Supp.2d 1103, 1110 (D.Kan.2000) (no reasonable expectation of privacy in subscriber information); United States v. Hambrick, 55 F.Supp.2d 504, 507-09 (W.D.Va.1999) (individual has no reasonable expectation of privacy in his name, address, social security number, credit card number, screen name, and proof of Internet connection obtained from Internet service provider); State v. Evers, 175 N.J. 355, 815 A.2d 432, 440-41 (N.J.2003) (person had no standing to challenge warrant that obtained his subscriber information from Internet service provider); Hause v. Commonwealth, 83 S.W.3d 1, 10-12 (Ky.App.2001) (no standing for subscriber to challenge warrant that obtained his name, address, and screen name from Internet service provider); United States v. Ohnesorge, 60 M.J. 946, 949-50 (U.S. Navy-Marine Ct.Crim.App.2005) (no reasonable expectation of privacy in subscriber information given to Internet service provider)). See also Huffman v. State, 746 S.W.2d 212, 217 (Tex.Crim.App.1988); Whitaker v. State, 977 S.W.2d 869, 872-873 (Tex.App.-Beaumont 1998, pet. See Tex.R.App. The touchstone of the Fourth Amendment is reasonableness. Florida v. Jimeno, 500 U.S. 248, 250, 111 S.Ct. Six Degrees of Murder (Season 2, Episode 4) - Apple TV At that point, he stopped his search and called Malchow [his supervisor]. JPG, also known as JPEG files, contain images. Questions, as here, of when testimony becomes too remote and, therefore, irrelevant are left to the sole discretion of the trial court. Margraves v. State, 34 S.W.3d 912, 919 (Tex.Crim.App.2000). When trying to sell her home, a man, generally fitting the description, came to her home in May 2001 just after her husband left for work. These are the same cases that the Amarillo Court of Appeals analyzed in Hall v. State, 970 S.W.2d 137, 141 (Tex.App.-Amarillo 1998, pet. Templin v. State, 711 S.W.2d 30, 34 (Tex.Crim.App.1986). Dr. Elizabeth Peacock, deputy medical examiner, performed the autopsy and determined the cause of death to be homicide by ligature strangulation. See Tex.R. His hands holding the flyer were shaking. 10. 22. Texas Rules of Evidence 803 provides a number of exceptions to the hearsay rule, including the present sense impression and state of mind exceptions here involved.