evidence that defendant “has been caring, kind, and nonviolent to others ... is ... reflective of his character and bears upon his propensity, or lack thereof, for committing future violent acts" and thus is adequately covered by the second special issue without further jury instructions
How later courts described this case
- evidence that defendant “has been caring, kind, and nonviolent to others ... is ... reflective of his character and bears upon his propensity, or lack thereof, for committing future violent acts" and thus is adequately covered by the second special issue without further jury instructions
- being a good and loving child, critical illness as child, voluntary service, and good character evidence
- evidence that applicant was caring, kind, and non-violent can be fully considered within second special issue
- "Justice O'Connor was speaking globally and hypothetically," not saying defendant "automatically entitled" to separate instruction, at 217
Written by the judges who cited it.
The opinion
CLINTON, J.,
joins the dissenting opinion of Judge BAIRD; he further dissents for the reasons given in his own opinions in Boyd v. State (Tex.Cr.App. No. 69,993, delivered May 8,1991), Boggess v. State (Tex.Cr.App. No. 69,990, delivered this day), and Lackey v. State (Tex.Cr.App. No. 69,144, delivered this day.)
MALONEY, J., dissents.