# Ex Parte McGee

> Court of Criminal Appeals of Texas · October 16, 1991 · 817 S.W.2d 77

URL: https://www.frixlaw.com/law-library/cases/9771115

## Case

- **Full name:** Ex Parte Jewel Richard McGEE, Jr.
- **Court:** Court of Criminal Appeals of Texas
- **Decided:** October 16, 1991
- **Citations:** 817 S.W.2d 77; 1991 Tex. Crim. App. LEXIS 206; 1991 WL 206812
- **Precedential status:** Published
- **Opinion:** Concurrence by Baird
- **Judges:** Benavides, Baird
- **Cited by:** 16 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9771115

## Opinion text

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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9771115. Public record. Not legal advice.