Court of Criminal Appeals of Texas
Luna v. Texas, AP-75.358
In a capital murder case, conviction and death sentence are affirmed on automatic appeal over claims of error regarding: 1) the lack of a bifurcated proceeding for guilt and sentencing; 2) defendant's competency and the validity of his guilty plea; 3) the unanimity of the jury verdict; 4) the validity of a warrantless search of an apartment where defendant had been staying; 5) the admission of certain victim-impact testimony; 6) the validity of an in-court witness identification; 7) the court's refusal to allow defense counsel to "close the arguments on mitigation"; 8) denial of defendant's motion to preclude the death penalty as a sentencing option; 9) the constitutionality of the sentencing procedure; and 10) the constitutionality of the court's charge to the jury on punishment.
Appellate Information
- Decided 10/29/2008
- Published 10/29/2008
Judges
Court
- Court of Criminal Appeals of Texas