Justin Nasir Shah v. the State of Texas
CourtTexas Court of Appeals, 10th District (Waco)
Date FiledOctober 22, 2026
Docket10-24-00362-CR
StatusPublished
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Full Opinion
Court of Appeals
Tenth Appellate District of Texas
10-24-00362-CR
Justin Nasir Shah,
Appellant
v.
The State of Texas,
Appellee
On appeal from the
54th District Court of McLennan County, Texas
Judge Susan N. Kelly, presiding
Trial Court Cause No. 2023-1139-C2
CHIEF JUSTICE JOHNSON delivered the opinion of the Court.
MEMORANDUM OPINION
A jury found Appellant, Justin Nasir Shah, guilty of the felony offense of
burglary of a habitation with the intent to commit another felony. See TEX.
PENAL CODE ANN. § 30.02. The trial court assessed his punishment at life in
the penitentiary and sentenced him accordingly. See id. § 12.32. This appeal
ensued. In his sole issue, Shah argues that the trial court erred by improperly
admonishing him in a way that coerced or unduly influenced his decision not
to testify.
A. Background
On August 3, 2023, Shah was indicted for the offense of burglary of a
habitation with the intent to commit the felony offense of sexual assault.
During trial, the victim, Kristen Jones, and her husband, Robert,
testified that they went to a bar to have a drink on May 4, 2023. While at the
bar, Robert struck up a conversation with Shah and exchanged phone
numbers. After a few hours, the Joneses left the bar and returned home.
Robert texted Shah about meeting up and continuing to drink, and Shah came
over to the Jones house. Robert and Shah went to Robert’s office across town
to continue drinking, but Kristen stayed at home. Not long after arriving at
Robert’s office, Shah decided to leave. Robert testified that he did not know
where Shah was planning to go when he left and did not give Shah permission
to go back to the Jones house. Kristen testified that she had fallen asleep after
Robert and Shah left, but she “felt pain to [her] forehead” and woke up. She
realized she was being punched and could not move because Shah had his
knees over her arms. Shah had his pants down and was putting his penis in
her mouth telling her to “suck it.” Kristen said she eventually was able to get
out from under Shah and got off the bed, but she got pushed back onto the bed.
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Shah then fired a gun twice by Kristen’s head before pointing the gun at
Kristen’s son, so Kristen started kicking Shah in the abdomen. Kristen later
realized that Shah had shot himself. Shah fled from the house, and Kristen
called police. Police located Shah at a motel a couple of days after the offense
and arrested him. Shah was wearing a GPS monitor at the time of the offense,
which showed that he was at the Jones house on the morning of the offense.
Additionally, DNA testing confirmed that blood found in the house belonged to
Shah.
B. Preservation of Error
The State argues that Shah failed to preserve his complaints because he
did not object to the trial court’s admonishment at trial. See TEX. R. APP. P.
33.1(a)(1). We will assume, without deciding, that Shah’s complaints are
preserved.
C. Authority
A criminal defendant’s right to testify is protected by several provisions
of the U.S. and Texas constitutions. See Rock v. Arkansas, 483 U.S. 44, 51–53
& n.8, 107 S.Ct. 2704, 97 L.Ed.2d 37 (1987); Smith v. State, 286 S.W.3d 333,
338 n.9 (Tex. Crim. App. 2009). However, a defendant may knowingly and
voluntarily waive that right. Smith, 286 S.W.3d at 338 n.9.
Shah v. State Page 3
A trial court is not prohibited from admonishing a witness on the risks
of testifying. Cf. Knotts v. State, 61 S.W.3d 112, 116 (Tex. App.—Houston [14th
Dist.] 2001, pet. ref ’d). When deciding whether the right to testify was
infringed or not voluntarily waived because of alleged improper comments by
the trial court, many courts have invoked the coercion standard. See Jones v.
State, 691 S.W.3d 231, 239 (Tex. App.—Austin 2024, pet. ref ’d) (collecting
cases). The coercion standard stems from Webb v. Texas, in which the Supreme
Court of the United States held that a trial court’s comments to a criminal
defendant’s sole witness deprived the defendant of due process by “effectively
dr[iving] that witness off the stand.” 409 U.S. 95, 97-98, 93 S.Ct. 351, 34
L.Ed.2d 330 (1972). Although the case is about defense witnesses, Webb has
often been applied to complaints about the defendant’s right to testify. See
Jones v. State, 691 S.W.3d at 241 (collecting cases). The comments in Webb
went beyond “warning the witness of his right to refuse to testify and of the
necessity to tell the truth”; they, in “threatening” and “unnecessarily strong
terms,” communicated that the court expected that the witness would lie and
“assured [the witness] that if he lied, he would be prosecuted and probably
convicted for perjury,” leading to a new sentence of punishment and hurting
his chances for parole. See Webb, 409 U.S. at 97–98.
Shah v. State Page 4
Cases applying Webb-derived reasoning have identified only a few
circumstances that tend to show that a trial court has coerced the defendant
out of testifying. See Jones, 691 S.W.3d at 241 (comments advising defendant
of possible consequences of taking the stand or laying out potential cross-
examination topics if defendant chose to testify were not coercive); see also
United States v. Stile, 845 F.3d 425, 431 (1st Cir. 2017) (“[I]n Webb the
admonitions were the product of an opinion preemptively formed before the
defendant even began his defense.”); Arthur v. United States, 986 A.2d 398,
408-09 (D.C. 2009) (discussing case in which trial-court comments tended to
cross Webb’s line because they, “taken in their entirety, implied doubt about
the version of the facts” that the witness at issue would offer); People v.
Vaughn, 354 Ill.App.3d 917, 290 Ill.Dec. 434, 821 N.E.2d 746, 753–54 (2004)
(“A trial judge’s admonitions are improper if they indicate the judge is no
longer acting in the role of neutral decision-maker,” “[f]or instance, when a
trial judge predicts the outcome of a case based on witness’s decision to
testify.”); Woolfolk v. Commonwealth, 339 S.W.3d 411, 415–18 (Ky. 2011) (trial
court’s warning that if the defendant testified differently from what he had
told his attorney about the underlying events, he would then be subject to a
perjury charge was impermissible because the trial court was wrong that the
defendant’s statements to his attorney could give rise to a perjury charge).
Shah v. State Page 5
D. Analysis
After learning that Shah intended to testify, the State notified the trial
court of its intention to cross-examine Shah on prior convictions and other bad
acts. The parties presented arguments about the admissibility of the evidence,
but the trial court did not make a ruling at that time, stating:
I don’t know what he’s gonna say. If he is gonna say that he wasn’t
there, perhaps. If he’s gonna say it was consensual, the things that
[the State] just raised, he’s gonna get to cross-examine him on
those things. But, yeah, I don’t -- I don’t know what he’s gonna
testify to.
The trial court then allowed a brief recess for Shah and his attorney to confer.
Directly after the recess, the trial court admonished the defendant as follows:
THE COURT: Yes. Mr. Shah, your lawyer is saying that you want
to testify. Mr. Shah? By doing so, by coming up here, you’re giving
up your right to remain silent. You don’t get to pick and choose
what is said. You will be subject to cross-examination. And there
is a very strong likelihood that other misconduct or alleged
misconduct by you will be admissible and will come in, and it could
incriminate you or hurt you by testifying.
I want to make sure that you understand that the Fifth
Amendment to the United State’s [sic] Constitution guarantees
you the right not to testify, if you choose not to. And no one -- they
cannot consider it and they cannot allude to it in any way.
But if you take that stand, you’re gonna – you’re gonna have to
testify. Once you say you didn’t do it or why you didn’t do it or what
you thought happened, you can bet you’re going to be rigorously
cross-examined, and I’m probably going to allow it.
So you understand all that, right? And you want to testify?
Shah v. State Page 6
[SHAH]: No, Your Honor.
THE COURT: You’ve changed your mind?
[SHAH]: Yes.
The trial court’s admonishment did not go beyond outlining possible
consequences of taking the stand or potential cross-examination topics. See
Jones, 691 S.W.3d at 241. Accordingly, we cannot say that the trial court’s
admonishments coerced Shah, meaning he voluntarily waived his right to
testify.
Therefore, we overrule Shah’s sole issue.
E. Conclusion
Having overruled Shah’s sole issue, we affirm the judgment of the trial
court.
MATT JOHNSON
Chief Justice
OPINION DELIVERED and FILED: October 22, 2026
Before Chief Justice Johnson,
Justice Harris, and
Justice Westerfeld
Affirmed
Do Not Publish
CRPM
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