Opinion

Murphy v. State

  • 777 S.W.2d 44
  • 1989 Tex. Crim. App. LEXIS 142
  • 1988 WL 28678
Court
Court of Criminal Appeals of Texas
Filed
Jun 21, 1989
Status
Published
Author
White
On the bench
Clinton, White, McCormick, Teague, Duncan, Onion, Miller, Berchelmann
Cited by
153 cases
Authority
More cited than 44.1%

stating that possession of the fullest information possible concerning the defendant=s life and characteristics is highly relevant, if not essential, to selection of an appropriate sentence

How later courts described this case

  • stating that possession of the fullest information possible concerning the defendant=s life and characteristics is highly relevant, if not essential, to selection of an appropriate sentence
  • under then-extant Article 37.07, Section 3(a), "general rule" was that unadjudicated bad acts were inadmissible at punishment phase, and statute was never construed "to authorize character evidence in the form of specific misconduct, except, of course, inasmuch as that misconduct has become a part of the `prior criminal record' of the accused"
  • AIt is axiomatic, for example, that punishment should fit the particular crime. Accordingly, the trial court routinely instructs the jury it may consider all evidence admitted at the guilt phase in making its punishment determination.@
  • after holding unadjudi-cated extraneous offenses inadmissible at punishment under article 37.07, section 3(a), holding they were also irrelevant on issue of suitability for probation, because article 42.12 did not make this an issue for the jury’s consideration in recommending probation

Written by the judges who cited it.

The opinion

WHITE, Judge,

dissenting.

Because the majority’s opinion on rehearing withdraws probative and admissible evidence from the members of the jury, I respectfully dissent to the majority’s opinion on rehearing for the reasons explained in my dissenting opinion on original submission. Murphy v. State, 777 S.W.2d 44 (Tex.Cr.App., No. 102-86, this day decided) (dissenting opinion on original submission).

BERCHELMANN, J., joins this dissent.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.