Opinion

Ex Parte Baldree

  • 810 S.W.2d 213
  • 1991 Tex. Crim. App. LEXIS 106
  • 1991 WL 87605
Court
Court of Criminal Appeals of Texas
Filed
May 29, 1991
Status
Published
Author
Clinton
On the bench
Miller, Clinton, Baird, Maloney
Cited by
28 cases

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.

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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