# Ex Parte Bower

> Court of Criminal Appeals of Texas · December 4, 1991 · 823 S.W.2d 284

URL: https://www.frixlaw.com/law-library/cases/9675836

## Case

- **Full name:** Ex Parte Lester Leroy BOWER, Jr.
- **Court:** Court of Criminal Appeals of Texas
- **Decided:** December 4, 1991
- **Citations:** 823 S.W.2d 284; 1991 Tex. Crim. App. LEXIS 263; 1991 WL 253121
- **Precedential status:** Published
- **Opinion:** Concurrence by Overstreet
- **Judges:** Benavides, Baird, Overstreet, Clinton, Miller, Maloney
- **Cited by:** 19 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/9675836

## Opinion text

OVERSTREET, Judge,
concurring.
This Court’s recent series of opinions regarding mitigating evidence dictates that on a case by case examination said evidence may or may not rise to the level that causes it to be beyond the scope of the special issues of the Texas capital murder sentencing scheme. I remain with the majority on this view. This opinion correctly analyzes the evidence admitted and correctly concludes that the statutory special issues provided an adequate vehicle for the jury’s consideration of mitigating evidence in the appellant’s case and no special instruction regarding the evidence was neces *288 sary. The opinion in my view goes beyond permissible bounds when it concludes that “Moreover, we perceive no long held belief by the American people that those lawfully convicted of murder who have strong devotion to family, friends and religion are less culpable or blameworthy than those who murder and have no such excuse [footnote omitted].” Since I am unwilling to concede that I share that perception, I disavow said language and concur in the result only.

---

Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9675836. Public record. Not legal advice.