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Court of Criminal Appeals of Texas


Martinez v. State of Texas, AP-76,140

On an automatic appeal of defendant's capital murder conviction, trial court's sentence of death is affirmed where: 1) defendant's challenge to the legal and factual sufficiency of the evidence supporting the jury's future dangerousness determination is rejected as a rational jury could have found beyond a reasonable doubt a probability that defendant would pose a continuing threat to society; 2) defendant's claim that the evidence is factually insufficient to support the jury's affirmative answer to the deliberateness special issue is rejected; 3) the trial court did not abuse its discretion in admitting the evidence regarding defendant's statement to a witness; 4) the trial court did not violate defendant's Sixth Amendment right to confront and cross-examine a witness by admitting a witness's former testimony; 5) defendant's claim that the "10/12" rule violates the Eighth Amendment is rejected; and 6) the capital murder sentencing statute is constitutional.

Appellate Information

  • Decided 12/15/2010
  • Published 12/15/2010

Judges

Court

  • Court of Criminal Appeals of Texas

Counsel

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