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Schule v. Director, TDCJ-CID

United States District Court, E.D. Texas, Sherman Division

August 21, 2019

BOBBY C. SCHULE, #1874383
v.
DIRECTOR, TDCJ-CID

          MEMORANDUM OPINION AND ORDER OF DISMISSAL

          AMOS L. MAZZANT UNITED STATES DISTRICT JUDGE.

         Petitioner Bobby C. Schule, an inmate confined in the Texas prison system, filed the above-styled and numbered petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. For reasons set forth below, the Court finds that the petition is not well-taken and that it will be denied.

         Procedural History of the Case

         Schule is in custody pursuant to a Collin County conviction for aggravated assault with a deadly weapon, in Cause Number 416-80586-2012. SHCR[1] at 156. On July 26, 2013, after a jury trial, he was sentenced to twelve years of confinement in the Texas prison system. Id. The conviction was affirmed. Schule v. State, No. 05-13-01200-CR, 2015 WL 1859040 (Tex. App. - Dallas Apr. 22, 2016, no pet.).

         Schule filed an application for a writ of habeas corpus in state court. SHCR at 5. Chris Knox, Schule's trial attorney, submitted an affidavit in response to allegations of ineffective assistance of counsel. Id. at 65-70. Co-counsel Bill Wirskye likewise submitted an affidavit. Id. at 86-89. Lori L. Ordiway, Schule's appellate attorney, submitted an affidavit in response to allegations of ineffective assistance of appellate counsel. Id. at 90-98. The state trial court issued findings of fact and conclusions of law. Id. at 127-135. On August 3, 2016, the Texas Court of Criminal Appeals denied the application without written order on findings of the trial court without a hearing (Dkt. #14-30).

         The present petition (Dkt. #1) was filed on August 22, 2016. Schule submitted a memorandum in support of the petition (Dkt. #3). He argues that he is entitled to federal habeas corpus relief for the following reasons:

1. He is actually innocent of said offense due to ineffective assistance of counsel;
2. He is actually innocent because trial counsel was ineffective for failing to call his son, Christopher Schule, as a witness;
3. The trial court abused its discretion by denying the jury's request to have Justin Brazil's testimony read back to the jury;
4. He is actually innocent because trial counsel failed to request a proper jury instruction;
5. The trial court abused its discretion by not allowing his witnesses to testify;
6. He is actually innocent because appellate counsel did not raise valid ineffective assistance of trial counsel claims on appeal; and
7. State witness Joe Cumpian committed perjury.

         The Director filed an answer (Dkt. #13) on January 18, 2019. Schule filed a reply (Dkt. #15) on February 8, 2019.

         Factual Background of the Case

         The Fifth Court of Appeals provided a lengthy discussion of the facts as follows:

Justin Brazil, a passenger in a Ford Taurus driven by Joe Cumpian, sustained a gunshot wound to his head. The gunshot striking Brazil was fired by Schule while he was driving a Ford F-150 pickup truck in the same direction as Cumpian's vehicle on a roadway in Collin County, Texas. The incident of road rage resulted in Schule being charged with aggravated assault. See Tex. Penal Code Ann. § 22.02(a)(2) & (b).
Cumpian testified that on December 16, 2011, as he was driving home from work with his passenger, Brazil, Schule's truck pulled out of a gas station onto Highway 380 at Airport Drive directly in front of Cumpian's vehicle, and Cumpian, traveling eastbound, swerved into the passing lane of a two lane divided highway to avoid a collision. According to Cumpian, Schule's truck moved into the left lane behind Cumpian's vehicle. “Just to irritate” the driver of the pickup truck, Cumpian remained in the left lane staying even with another vehicle in the right lane so that Schule's truck could not pass Cumpian's vehicle. Schule followed closely behind Cumpian's vehicle and flashed his bright lights. Cumpian maintained his lane position preventing Schule's truck from passing for about five miles, and Schule continued to flash his lights.
Brazil was asleep in the front passenger seat. Cumpian awoke him and said, “This guy is flashing his lights. Once I get closer to Princeton, I'm going to pull over. See if he pulls over with us.” Cumpian testified he wanted Schule's truck to pull over so that he could talk to the driver and “see what his issue was.” As Cumpian approached Princeton, he passed the vehicle he was traveling next to and pulled into the right lane of eastbound traffic. Schule's truck then pulled behind Cumpian's vehicle in the right lane of traffic and continued flashing his lights. Schule's truck remained behind Cumpian's vehicle all the way into Princeton. Cumpian signaled a right turn into a car wash “just to see if he was going to follow me in there.” Schule's truck moved into the left lane and an object Cumpian believed was a drink can was thrown from Schule's truck at Cumpian's vehicle but did not hit Cumpian's vehicle. Instead of turning into the car wash, Cumpian continued traveling eastbound on Highway 380.
For a relatively short distance, Cumpian followed Schule in the right lane of eastbound traffic. According to Cumpian, as the vehicles approached a traffic light at the intersection of Second Street, Cumpian moved into the left eastbound lane and pulled up beside Schule's truck. Schule and the passenger in his truck, his son Christopher, were “yelling stuff back and forth.” Another drink can was thrown from Schule's truck that hit, but did not break, the windshield of Cumpian's vehicle. Brazil rolled down his window and threw a can of soda retrieved from the backseat at Schule's truck. Brazil threw a closed three-inch pocket knife retrieved from the console cup holder out the window that hit below the driver's side window of Schule's truck. The traffic light at Second Street turned green, and Cumpian drove on. At the traffic light at the intersection of Fourth Street, Cumpian drove into the middle of the intersection and stopped. Schule's truck was approaching, and Cumpian indicated he moved his vehicle so that it straddled the right and left eastbound lanes to prevent Schule's truck from moving beside him. As Schule's truck was approaching, the traffic light turned green, and Cumpian proceeded eastbound on Highway 380. Schule's truck was three to four car lengths behind Cumpian's vehicle as Cumpian accelerated away from the traffic light. Cumpian testified that he felt something “bang” on the back of his vehicle, and he slowed to determine if an item had been thrown from Schule's truck. Brazil reached into the backseat to get another can of soda to throw at Schule's truck. According to Cumpian, his vehicle was traveling at forty to fifty miles per hour and Schule's truck sped up to seventy or eighty miles per hour to pass Cumpian's vehicle. As they were passing Princeton High School, Cumpian saw a gun being held outside the driver's window of Schule's truck. Gunshots then broke the rear window and the right rear passenger window of Cumpian's vehicle. Cumpian indicated another gunshot hit the body of his car. Cumpian testified he did not have a gun in his vehicle and did not fire a gun in this incident.
Cumpian grabbed Brazil by his shirt collar, pulled him down, and steered his vehicle into oncoming traffic to get away from Schule's truck. He then drove his vehicle to the shoulder on the right side of the road. Cumpian exited his vehicle. When Brazil did not respond to Cumpian screaming his name, Cumpian ran to the passenger side of the vehicle. Cumpian testified that he could see blood coming from the back of Brazil's head, and Brazil was nonresponsive.
Cumpian called 9-1-1 for assistance, and a recording of the telephone call was played for the jury. On that recording, Cumpian told the 9-1-1 operator that “[t]hese guys drove by my car and opened fire” and Schule's truck “pulled up next to me and started shooting into my car.” Cumpian informed the operator that his friend had been shot in the head. Cumpian described Schule's truck and the four-wheeler and hunting gear in the truck bed.
Brazil testified that on the evening of December 16, 2011, he was riding home from work in a vehicle driven by Cumpian. Brazil had dozed off and he believed his seat was slightly reclined. At the intersection of Airport Boulevard and Highway 380, he awoke to some “commotion, ” screaming, and erratic driving. He recalled Schule's truck moving in front Cumpian's vehicle and braking hard. According to Brazil, Cumpian and Schule were driving erratically back and forth and acting foolish.
Cumpian and Schule were still driving erratically when Cumpian awoke Brazil, who had apparently dozed off again, and said, “Brazil, we're going to pull over and beat them up.” Cumpian attempted to get Schule to pull off of the road at the location of a car wash, but Schule did not leave the roadway. As Schule's truck passed Cumpian's vehicle on the left, the passenger window of Schule's truck came down, and “they started throwing beer bottles at us, ” with a beer bottle barely missing the roof of Cumpian's vehicle. Cumpian drove on, and Cumpian's vehicle and Schule's truck continued driving erratically until they reached a red light at the intersection of Second Street in Princeton. Cumpian's vehicle was in the left lane and Schule's truck was in the right lane. Brazil threw a soda can at Schule's truck that hit the driver's side rear passenger window. Cumpian threw a closed pocket knife that hit Schule's truck. After leaving the traffic light at the intersection of Second Street, nothing else was thrown from Cumpian's vehicle. Cumpian's vehicle proceeded to the traffic light at the intersection of Fourth Street. Schule's truck was in the left lane, and Cumpian's vehicle was in the right lane. Cumpian's vehicle traveled into the intersection, and Cumpian had to back up to get out of the intersection. Cumpian said “somebody was waving a pistol.” When the light changed, Cumpian sped away from the intersection smoking his tires. He got in front of Schule's truck and moved into the left lane traveling at about forty to fifty miles per hour.
As they were passing Princeton High School, Brazil heard a noise and thought Cumpian's vehicle had run over something. Cumpian said, “Hey, hey, he's shooting.” A second gunshot went through the back window of Cumpian's vehicle, and a third gunshot hit Brazil in the side of his head. When Brazil saw Schule's truck after the gunshots were fired, the truck was in the right lane approximately a car length behind Cumpian's vehicle, which was in the left lane.
Brazil testified that after he was shot, he knew Cumpian's vehicle was stopped and heard Cumpian on a phone frantically indicating Brazil had been shot in the head by a “road rager.” Brazil was transported by helicopter to a hospital where he was in a coma for several days. Brazil's medical records were admitted in evidence. Brazil testified regarding the residual physical problems he experienced as a result of the gunshot wound, including severe paralysis of one of his hands.
Sergeant Mitchell Sellman of the Collin County Sheriff's office testified that on December 16, 2011, he was on call and notified of a shooting. He spoke with Sergeant Phillip Pannell and learned there had been a road rage incident that began in McKinney around Airport Road and Highway 380 and ended with an individual being shot near Princeton High School on Highway 380, and that the suspect's truck had been stopped in Farmersville. After Schule was taken into custody, Sellman conducted a custodial interview of Schule. Schule told Sellman he was under the impression he had been fired upon. In the videotape of Schule's custodial interview by Sellman and Texas Ranger P. A. Davidson, which was admitted in evidence and played at trial, Schule stated on the evening of December 16, 2011, he and Christopher were traveling in his truck to his Linden property to go hunting. He stopped at a gas station on Highway 380 to refuel. Turning right to exit the gas station, Schule “eased over” into the right lane of Highway 380 with his blinker activated.
Schule described Cumpian's vehicle as weaving in and out of traffic, and what caught Schule's attention about Cumpian's vehicle was how sporadically it was maneuvering through traffic and speeding around Schule's truck. Schule went around Cumpian's vehicle to try to get away from Cumpian. Schule was in the right lane, and Cumpian's vehicle passed him at sixty to sixty-five miles per hour in a forty to fifty mile per hour zone. Schule stated he would move out of the way of Cumpian's vehicle, and Cumpian's vehicle would then move in front of him. At one point, Cumpian's vehicle moved in front of Schule's truck and slammed on its brakes, almost coming to a complete stop. Schule passed Cumpian's vehicle at that point, and Schule tried to get away from Cumpian because he was driving recklessly. Schule told Christopher the situation was bad and Cumpian was dangerous, and Schule questioned what could have caused Cumpian to “be like this.” Schule saw only Cumpian and did not see a passenger in Cumpian's vehicle. Schule stated he was getting mad, but he was more concerned and scared.
As they were entering Princeton, the confrontation began, with Cumpian screaming and yelling out his window, waving his hand, and telling Schule to pull over. Schule was trying to stay out of Cumpian's way. At a traffic light in Princeton, Cumpian's vehicle pulled beside Schule's pickup truck; Cumpian was yelling. Schule never saw a gun in Cumpian's hand, but Cumpian held his hand out the window with a pointed index finger and a raised thumb resembling a shape of a gun. Schule hoped Cumpian would turn at the traffic light, but he did not. Cumpian's vehicle moved in front of Schule's truck and slammed on his brakes. Schule sped up to get away from Cumpian's vehicle. While Schule's truck was traveling in the left lane, Cumpian passed the truck in the center turn lane. Schule stated that as Cumpian passed Schule's truck, it felt like Cumpian shot or threw something at us, because something loudly impacted the driver's side of Schule's truck. Schule tried to stay behind Cumpian's vehicle, but Cumpian's vehicle again pulled into the center turn lane while Schule was traveling in the left lane. Schule thought Cumpian “was going to do something again, like shoot at us again.” Schule stated Christopher was panicking, ranting and raving in disbelief that Cumpian was “acting like this, ” and saying “I heard something hit the side of the truck” and Cumpian “shot at us.”
That is when Schule decided to “pull” his firearm “in case this is going to go worse and worse.” Schule reached behind his seat for the case holding his .40 caliber pistol. Schule opened the case, removed the pistol from its holster, and “racked” the slide to load a bullet in the chamber. Schule, who is right-handed, rolled down his window and transferred the pistol from his right hand to his left hand. With his left hand, Schule fired what he recalled were two gunshots over the driver side door mirror of his truck. Cumpian's vehicle was in front of Schule's truck, and Schule was aiming at a tire of Cumpian's vehicle. Schule did not think any shot he fired hit Cumpian's vehicle. Schule believed the pistol he fired holds fifteen rounds of ammunition and there were nine rounds of ammunition in the magazine of the pistol when he left his home that day.
Cumpian did not pursue Schule's truck, and Schule guessed Cumpian stopped in the center turn lane. Schule then put his handgun down and continued to drive east on Highway 380. Christopher said they should pull over, but Schule did not know what to do. Schule did not call 9-1-1 because his cellphone battery had been going dead before he left his house and he planned to recharge it when he reached their destination, and Christopher's cellphone was not working. Schule eventually was stopped by the police.
Schule wrote a statement that was admitted in evidence. Schule's statement contains the following recitation of events following his entry onto Highway 380 after refueling his truck:
I observed [Cumpian's vehicle] coming fast behind us and proceeded to pass our vehicle. [Cumpian's vehicle] passed us and moved from lane to lane then [Cumpian's vehicle] got in traffic and we passed it and then it came around our vehicle on the left side in the turning lane and pulled in front of us and hit the brakes. We moved over to the next lane and [Cumpian's vehicle] proceeded to pass us again and this time the driver had the window down pointing his hand or finger yelling at us and proceeded to drive recklessly to the driver side from the passenger side of [Cumpian's] vehicle and then it sounded like a gun shot or something hit our vehicle. I then reached for my weapon in the back seat while [Cumpian's] vehicle was in the left lane and fired shots at the rear tire[.] [Cumpian's] vehicle stoped [sic] in the turning lane and we proceeded. My phone battery was dead and Chris's had been turned off just today or we would have called for police assistance. Then a police vehicle stoped [sic] us and held us for questioning.
At the end of the custodial interview, Davidson told Schule that a passenger in Cumpian's vehicle sustained a gunshot wound and was at the hospital in surgery. Schule then inquired, “Where does that put me?”
Abigail Brown testified that about 8:30 p.m. on December 16, 2011, when entering and proceeding eastbound on Highway 380, Cumpian's vehicle and Schule's truck approached her vehicle quickly. Brown was traveling in the right lane, and Cumpian's vehicle passed her in the left lane. Schule's truck then passed her in the left lane. Cumpian's vehicle moved into the right lane ahead of Brown, and Schule's truck then moved into the right lane behind Cumpian's vehicle following very closely. Brown testified Schule was driving very aggressively and “almost cut [her] off to get behind” Cumpian's vehicle. She could not tell if Cumpian's vehicle was trying to lose Schule's truck, which was behind it, or whether Cumpian was hitting his brakes to be aggressive as well. Schule's truck made her more uncomfortable because it positioned itself very close behind Cumpian's vehicle a couple of times, swerving back and forth within a foot of the rear of Cumpian's vehicle. As they traveled eastbound, “they went back and forth, from the white truck being behind the red car, to just back and forth, back and forth.”
Brown observed the two vehicles as they traveled through Princeton. She testified Cumpian's vehicle slowed in front of Schule's truck a couple of times and turned the wheels as if it was going to turn right as the vehicles drove through town. Near a gas station, it appeared Cumpian's vehicle was going to pull over or turn right. At that point, Schule's truck was in the left lane. Schule's truck moved in front of Brown's vehicle, and it appeared Schule's truck was going to follow Cumpian's vehicle, but Cumpian's vehicle moved back out onto the roadway.
Brown saw some cans hit the ground, but she did not know from which vehicle the cans were thrown. She did not see any item hitting Cumpian's vehicle or Schule's truck. At one point in the middle of Princeton when Cumpian's and Schule's vehicles were adjacent to one another, she believed the occupants of the vehicles were talking to or yelling at each other. She never saw or heard gunshots. She saw flashes but she did not know what they were.
Brown turned left just past Princeton High School. Cumpian's vehicle and Schule's truck were about seventy-five yards ahead of her. Brown was in the process of calling 9-1-1 because the vehicles were driving so recklessly, when Cumpian's vehicle pulled into the center turn lane of the roadway. Because the incident appeared to be over at that point, she did not call 9-1-1 to report the reckless driving. However, about a week later she saw a news article about a road rage incident, and she realized that the two vehicles described in the news article were the vehicles she had seen. Brown contacted the Princeton Police Department to inform the police that she had seen the vehicles during the incident. After the incident, Brown told an investigator that she had no way of discerning whether Cumpian's vehicle or Schule's truck was the aggressor.
The jury also heard testimony from Joseph Kevin Braswell who witnessed a portion of the road rage incident. On December 16, 2011, Braswell and his wife were traveling on Highway 380 at Airport Road when Braswell saw Cumpian's vehicle and Schule's truck traveling ahead of him at a high rate of speed. The situation reminded Braswell of teenage drivers racing or “playing.” As their vehicles approached Princeton, Braswell observed the two vehicles passing each other; Cumpian's vehicle and Schule's truck were “racing back and forth and cutting each other off.” Braswell observed Schule's truck move from behind Cumpian's vehicle to beside Cumpian's vehicle, and something that resembled a can was thrown from the passenger side of Schule's truck in the direction of Cumpian's vehicle. The object did not hit Cumpian's vehicle. Schule's truck then moved in front of Cumpian's vehicle.
After Braswell saw the object thrown from Schule's truck, Cumpian's vehicle and Schule's truck continued passing and cutting off one another until they reached the intersection of Fourth Street. In his opinion, Cumpian's vehicle was not trying to get away from Schule's truck. Cumpian's vehicle was behind Schule's truck as they were approaching the Fourth Street intersection. The traffic signal turned yellow, and Schule's truck slowed to stop. Cumpian's vehicle moved in front of Schule's truck and slammed on its brakes. Braswell presumed this was to stop at the traffic light. Because Cumpian's vehicle had proceeded into the intersection before stopping, it had to back up to move out of the middle of the intersection; Cumpian's vehicle backed into the right lane in front of Schule's truck. At that intersection, Braswell turned left onto Fourth Street and did not observe the vehicles further. Sometime later, Braswell contacted the Princeton Police Department and made a statement regarding the incident. He had heard that the incident started as road rage, and that did not surprise him.
Lieutenant Robert Michnick of the Princeton Police Department testified that at about 8:30 p.m. on December 16, 2011, he received a communication from “Collin County dispatch” about a “road rage incident that was coming through” Princeton, that shots had been fired, and an individual had sustained a gunshot wound. The vehicles involved were traveling east on Highway 380 from McKinney and had traveled through Princeton and were on the east side of Princeton near Princeton High School by the time the radio dispatch was received.
East of Princeton High School on Highway 380, Michnick saw Cumpian's vehicle on the side of the road. The rear window and the right rear passenger door window had been “shot out.” Cumpian waved Michnick down and told him Brazil had been shot. Brazil appeared to be unconscious with a large wound to the upper portion of his head. Cumpian provided Michnick a description of Schule's truck and the four-wheeler and camping gear in the bed of the truck. Cumpian indicated Schule and Christopher were wearing camouflage attire. Michnick broadcast that information over the radio, advising that Schule's truck was last seen traveling eastbound on Highway 380.
Cumpian told Michnick that they were traveling eastbound on Highway 380 and “got in a road rage incident with [Schule's truck] where items were kind of thrown back and forth.” Cumpian specifically mentioned “Coke cans and a knife and things” being thrown. Michnick found the “locked-blade knife” in the roadway just west of Second Street in Princeton. The knife was “like a pocket knife.” Michnick testified that any knife is dangerous, and a knife could be considered a deadly weapon. A photograph admitted in evidence shows a container of canned sodas in the back seat of Cumpian's vehicle. Three bullet shell casings were located in the area of the intersection of Highway 380 and Boorman Lane, which is east of Princeton High School on the outskirts of Princeton. Michnick believed the shell casings were .40 caliber and that a .40 caliber handgun was recovered from Schule's truck. Based on Michnick's observations of Cumpian's vehicle at the scene, including broken windows, apparent projectiles lodged in the dashboard, and the front windshield area, Micknick testified that gunshots would have come from behind Cumpian's vehicle.
Sergeant Thomas L. Anderson of the Texas Highway Patrol testified that on December 16, 2011, he heard a couple of radio broadcasts about a road rage incident involving gunshots. A broadcast indicated one of the vehicles had stopped near Princeton High School, and the other vehicle, a white Ford F-150 with camping gear and a four-wheeler in the bed of the truck, continued traveling eastbound in Anderson's direction. Anderson saw Schule's truck traveling eastbound on Highway 380, followed it for approximately three-quarters of a mile, and then stopped the vehicle. Anderson interpreted Schule's “body language” upon exiting his truck as exhibiting irritation, although Anderson acknowledged Schule was cooperative and that the videotape of the stop made by his patrol vehicle dashboard camera confirmed that cooperation. Anderson remembered hearing that Schule state that “the people in the other vehicle shot at them first.” On the videotape of the stop played at trial, Schule stated, “He shot first. I don't know what he shot, but it hit the side of my truck.”
Princeton Police Department Sergeant Phillip Pannell testified that he participated in the investigation of the December 16, 2011 incident. He was called to the location of Schule's truck and searched the vehicle, collected evidence, and took photographs. There was a .40 caliber pistol in the truck, and the magazine in the pistol was empty. Pannell believed the magazine could hold sixteen bullets, although he was not able to testify as to how many shots Schule fired. Pannell was aware that three bullet shell casings were recovered.
In his report, Pannell stated Schule was fully cooperative and gave consent for police officers to search his truck for evidence. An uncharged cellphone was located in the bottom of the truck's console. Parnell testified that a photograph of Schule's truck, which was admitted in evidence, appears to show fluid may have run down the exterior of the truck. Pannell's report stated there was a defect in the windshield of Schule's truck, and Pannell testified the defect may have resulted from the impact of a pocket knife striking the windshield. Other than the defect in the truck's windshield, Pannell did not recall any major damage to Schule's truck.
Pannell briefly went to the location of Cumpian's vehicle at the intersection of Highway 380 and Boorman Lane. According to Pannell, the distance between the traffic light at Second Street and Boorman Lane is approximately seven tenths of a mile. Photographs of Cumpian's vehicle admitted in evidence showed the rear window and right rear passenger window broken out, as well as what appeared to Pannell to be a bullet hole in the shattered windshield. To Pannell, it appeared that the shots were fired from a gun located behind Cumpian's vehicle, such that a bullet went through the rear window and a bullet went through the rear passenger window, resulting in both of those windows being broken out.
In his report, Pannell stated that both drivers could have prevented this incident. Pannell testified he understood that a person acting based on an apprehension and fear of danger has a right to self-defense under the law. In his report, Pannell stated it could not be proven Schule did not intentionally and knowingly shoot at Cumpian and Brazil. At trial, Pannell testified that from the facts, it could not be proven Schule was “actually shooting at somebody, just a vehicle.” In Pannell's opinion, firing a gun from a moving vehicle on a road occupied by other vehicles was reckless. Pannell was aware Cumpian admitted “we threw a knife” and “we were throwing full, unopened Coke cans” at Schule's truck. In Pannell's opinion, a knife thrown at a vehicle with a partially opened window possibly could be considered a deadly weapon.
The jury heard the testimony of Schule's work supervisor, Todd Childress, and neighbor, Ronnie Cox. Childress testified Schule has a reputation in the community, and Cox testified Schule has a reputation in the neighborhood, as a peaceful individual.
A jury found Schule guilty of second-degree felony aggravated assault, see Tex. Penal Code Ann. § 22.02(a)(2) & (b), and assessed punishment of twelve years' confinement.

Schule v. State, 2015 WL 1859040 at *1-7. The Fifth Court of Appeals found that the evidence was sufficient to sustain the conviction. Id. at 9. The Court further found that the jury could have found against Schule on his claim of self-defense beyond a reasonable doubt. Id.

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