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