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and the officers entered the home and went into the baby might be and whether the baby was alive
the bedroom, they discovered a mattress soaked or dead, it is possible that abuse and neglect took
with blood and bodily fluid. There was blood place throughout the entire home. Under these
sprayed all over the walls. Even Hunt admitted at facts, we hold that no rational trier of fact could
trial that the room had so much blood, it looked find the essential elements of the offense of
“like somebody tried to kill somebody.” The official oppression beyond a reasonable doubt,
witnesses who testified that, based on their because the State presented insufficient evidence
training, they would not have searched the kitchen that Ross knew, under these circumstances, that
area and cabinets, also admitted that they had not her conduct was unlawful. We reverse the
had a case like this one and that this was not a judgment of the court of appeals against Ross and
typical case. The training materials on the Fourth render a judgment of acquittal.
Amendment that were admitted during the trial
Ross v. State, No. PD-0001-17, Tex. Ct. of Crim.
did not address this type of fact situation. Even if
Appeals, Mar. 18, 2018.
the materials had addressed this situation, that
information would not have been sufficient to
demonstrate beyond a reasonable doubt that Ross
knew that her conduct was unlawful.

Given the amount of blood on the mattress and
walls, the condition of the home, the information
Ross had regarding the history of drug use, the
lack of medical care to the child who was
evidently just recently born in the home, the prior
criminal and CPS history surrounding Hunt, and
given the fact that there was no indication where

Sept./Oct. 2019 www.texaspoliceassociation.com • 866-997-8282 57