Opinion

Ex Parte McGee

  • 817 S.W.2d 77
  • 1991 Tex. Crim. App. LEXIS 206
  • 1991 WL 206812
Court
Court of Criminal Appeals of Texas
Filed
Oct 16, 1991
Status
Published
Author
Baird
On the bench
Benavides, Baird
Cited by
16 cases
Authority
More cited than 10.7%

organic brain damage and severe childhood abuse

How later courts described this case

  • organic brain damage and severe childhood abuse

Written by the judges who cited it.

The opinion

BAIRD, Judge,

concurring.

I concur with that portion of the majority opinion concluding the Texas death penalty scheme was unconstitutional as applied to applicant because the jury was not empowered to consider and give effect to applicant’s mental retardation and abusive background. Op. at 80. Had the majority opinion stopped at that point, there would be no need for this concurrence. However, the majority elected to address the merits of applicant’s additional claims. Op. at 80.

Additionally, applicant contended that the jury was prevented from considering and giving effect to his “relative youth” and his “religious and family allegiance” thereby causing the Texas death penalty scheme to operate in an unconstitutional manner as applied to him. There is no need for the majority to address applicant’s final two contentions as they are unnecessary to the disposition of this case. Therefore, I believe the majority’s resolution of those two claims to be purely dicta, adding nothing to the jurisprudence of this State. See, Gordon v. State, 801 S.W.2d 899, 917 (Tex.Cr.App.1990) (Baird, J., concurring).

With these comments, I concur in the result reached by the majority.

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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