Court of Criminal Appeals of Texas

On remand from the US Supreme Court on the issue of whether a defendant's race or ethnic background may ever be used as an aggravating circumstance in the punishment phase of a capital murder trial in which the State seeks the death penalty, because the defendant did not make an objection to race testimony, no complaint about the testimony was presented for appellate review as Texas law has always required; thus the question cannot be reached.

Appellate Information

• Decided 03/13/2002
• Published 03/13/2002

Judges

• WOMACK, J., delivered the opinion of the Court, in Part I of which all Members of the Court joined, and in Part II of which KELLER, P.J., and MEYERS, KEASLER, HERVEY, HOLCOMB, and COCHRAN, JJ., joined., Before the court en banc.

Court

• Court of Criminal Appeals of Texas

Counsel

• For Appellant:
  
• Stanley G. Schneider, Scott J. Atlas, Amicus Curiae, Houston, Gregory S. Coleman, Assist. AG, Austin, for appellant., John A. Stride, Assist. DA, McKinney, Matthew Paul, St. Att., Austin, for state.