Opinion

Havard v. State

  • 800 S.W.2d 195
  • 1989 WL 62567
Court
Court of Criminal Appeals of Texas
Filed
Nov 28, 1990
Status
Published
Author
Clinton
On the bench
Campbell, Clinton, Miller, Teague, Duncan, Davis, Sturns, Berchelmann
Cited by
197 cases
Authority
More cited than 10.5%

holding appellant’s testimony that he was “emotionally hurt and 9 Moreover, there is no requirement that evidence admitted at the guilt/innocence phase of the trial be reoffered to be considered at punishment. Trevino, 100 S.W.3d at 238 . 16 mad at the time he raised his rifle” and feared for his life when he “saw two men with weapons drawn coming toward him” was sufficient to require a sudden-passion instruction

How later courts described this case

  • holding appellant’s testimony that he was “emotionally hurt and 9 Moreover, there is no requirement that evidence admitted at the guilt/innocence phase of the trial be reoffered to be considered at punishment. Trevino, 100 S.W.3d at 238 . 16 mad at the time he raised his rifle” and feared for his life when he “saw two men with weapons drawn coming toward him” was sufficient to require a sudden-passion instruction
  • concluding that there was no prosecutorial misconduct warranting a mistrial by the prosecutor’s questioning of a witness regarding photographs that were ruled inadmissible, where the prosecutor ceased doing so upon the trial court’s order
  • holding appellant's testimony he was “emotionally hurt and mad at the time he raised his rifle” and feared for his life when he “saw two men with weapons drawn coming toward him” was sufficient to require sudden passion instruction
  • holding no error where exculpatory evidence was allegedly withheld from defense because defendant had independent knowledge of the evidence and evidence had been broadcast on a local radio station

Written by the judges who cited it.

The opinion

CLINTON, J.,

adhering to views expressed in his dissenting opinions in James v. State, supra, and Stewart v. State, 686 S.W.2d 118, at 125-126 (Tex.Cr.App.1984), and disagreeing with treatment of points 17-21 and 11, respectfully dissents.

TEAGUE, J., dissents on point of error # 23.

DUNCAN, J., not participating.

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.

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