Opinion

Anderson v. State

  • 932 S.W.2d 502
  • 1996 Tex. Crim. App. LEXIS 193
  • 1996 WL 512397
Court
Court of Criminal Appeals of Texas
Filed
Sep 11, 1996
Status
Published
Author
Baird
On the bench
Keller, Baird, Overstreet, Clinton
Cited by
145 cases
Authority
More cited than 10.5%

finding that the death penalty was not ―unusual‖ under the Texas Constitution 3 But see Anderson, 932 S.W.2d at 509 (―We do not decide whether the state constitutional provision is broader than its counterpart.‖). 5 because the Court of Criminal Appeals ―has never in its history held the death penalty to constitute cruel and unusual punishment under the Texas Constitution‖

How later courts described this case

  • finding that the death penalty was not ―unusual‖ under the Texas Constitution 3 But see Anderson, 932 S.W.2d at 509 (―We do not decide whether the state constitutional provision is broader than its counterpart.‖). 5 because the Court of Criminal Appeals ―has never in its history held the death penalty to constitute cruel and unusual punishment under the Texas Constitution‖
  • explaining that “only exception” to adverse-ruling requirement “occurs if an instruction to disregard would not have cured the harm”
  • finding defendant did not receive adverse ruling where counsel objected to improper argument, and trial court replied, “The jury’s been instructed. [State], you have two minutes left”
  • holding that capital punishment is neither cruel nor unusual for purposes of the Texas Constitution

Written by the judges who cited it.

The opinion

BAIRD, J.,

concurring.

I concur in the resolution of points of error twenty, twenty-four and twenty-five for the reasons stated in Francis v. State, 922 S.W.2d 176, 177 (Tex.Cr.App.1996)(Baird, J., concurring and dissenting). However, I disagree with the majority's treatment of point of error six for the reasons stated in Morris v. State, — S.W.2d —(Tex.Cr.App. No. 71,799, 1996 WL 514833 , delivered this dayXBaird, J., dissenting). Accordingly, I join only the judgment of the Court.

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.