holding that under article 44.29(c) "voir dire error regarding a subject that a jury would consider only during the punishment phase of trial is `error affecting punishment only' unless the defendant produces evidence showing that the error necessarily produced a jury biased against the defendant on the issue of guilt"
How later courts described this case
- holding that under article 44.29(c) "voir dire error regarding a subject that a jury would consider only during the punishment phase of trial is `error affecting punishment only' unless the defendant produces evidence showing that the error necessarily produced a jury biased against the defendant on the issue of guilt"
- holding that State's erroneously granted challenge for cause was not "error affecting punishment only" under article 44.29(c) because "the erroneous elimination of a venireperson conceivably affects the composition of the jury, which sits at both guilt and punishment
- holding that evidence of assault on prosecutor and defense counsel in courtroom admissible as consciousness of guilt without violating rule 404(b)
- holding attempts to tamper with a witness, and any criminal act designed to reduce the likelihood of prosecution, constitutes evidence of “consciousness of guilt” on the part of the defendant
Written by the judges who cited it.
The opinion
*297 McCORMICK, Presiding Judge,
dissenting.
Adhering to the views expressed in my dissenting opinion in Garrett v. State, 851 S.W.2d 853, 861 (Tex.Cr.App.1993), I dissent to the sustaining of appellant’s first point of error. I furthermore dissent to the majority’s conclusion that prospective juror Freeman was not subject to a challenge for cause based upon his views in opposition to the death penalty.