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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

Counsel

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