Court of Criminal Appeals of Texas

In a capital murder case, conviction and death sentence are affirmed on automatic appeal over claims of error regarding: 1) admission of evidence of another rape-murder committed by defendant; 2) denial of a request to instruct the jury on lesser-included offenses; 3) jury selection issues; 4) admission of parole revocation documents; 5) instructions on extraneous acts of misconduct during the penalty phase; 6) the warrantless seizure of defendant's blood sample; 7) the retention of defendant's DNA in a databank even after the expiration of his parole; 8) the exclusion of "alternative perpetrator" evidence; 9) the constitutionality of the death-penalty statute; 10) the charge to the jury in the punishment phase; and 11) the constitutionality of the lethal-injection protocol.

Appellate Information

• Decided 10/29/2008
• Published 10/29/2008

Judges

Court

• Court of Criminal Appeals of Texas

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