# Lackey v. State

> Court of Criminal Appeals of Texas · May 29, 1991 · 819 S.W.2d 111

URL: https://www.frixlaw.com/law-library/cases/9666102

## Case

- **Full name:** Clarence Allen LACKEY, Appellant, v. the STATE of Texas, Appellee
- **Court:** Court of Criminal Appeals of Texas
- **Decided:** May 29, 1991
- **Citations:** 819 S.W.2d 111; 1991 Tex. Crim. App. LEXIS 107; 1989 WL 62563
- **Precedential status:** Published
- **Opinion:** Dissent by Miller
- **Judges:** White, Teague, Miller, Campbell, Clinton, Baird, Duncan, Maloney
- **Cited by:** 69 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9666102

## How later opinions describe it (automated extraction)

- describing as a mitigating circumstance "youthful age (23) at the time of the offense"

## Opinion text

MILLER, Judge,
dissenting.
In as much as Judge Clinton’s dissent continues the belief that jurors in a capital murder case need a special instruction on mitigating evidence, as aptly set out in Stewart v. State, 686 S.W.2d 118 (Tex.Cr.App.1984) (Clinton, J. joined by Miller, J., Dissenting), I join his dissent to the disposition of point of error number four. We only stopped dissenting to the majority’s steadfast refusal to require such an instruction because to continue to do so was “futile”. See Johnson v. State, 691 S.W.2d 619 (Tex.Cr.App.1984) (Clinton, J. joined by Miller, J., Dissenting).

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9666102. Public record. Not legal advice.