concluding that waiver of final argument, in the punishment phase of trial, was sound trial strategy
How later courts described this case
- concluding that waiver of final argument, in the punishment phase of trial, was sound trial strategy
- reasoning that waiver of final argument at punishment phase was trial strategy
- Âwe know of no constitutional obligation of the trial court to peruse the prosecutorÂs file for exculpatory evidence in the absence of a specific request supported by some showing that such evidence existsÂ
- Opinion on the Appellant's Motion for Rehearing
Written by the judges who cited it.
The opinion
ROBERTS, Judge
(dissenting).
I dissent on the grounds there was no direct evidence adduced against the appellant herein and a request for a charge on circumstantial evidence was denied, thus depriving the appellant herein of a valuable right and sub silentio overruling 125 years of law in this State.
The majority agree that the failure to give the charge was “clearly error.” In view of the five thousand five (5005) year sentence assessed by the jury, I cannot agree that the error was harmless.