Dewberry v. State
- Decided
- October 20, 1999
- Docket
- 72640
- Status
- Published
- Jurisdiction
- Texas
Cited 2,718 timesAbrogated on other grounds (verified)Abrogated on other grounds (verified) · Charles Cody Lyon v. State
What later courts said
- holding that appellant must show a reasonable probability that, but for counsel’s errors, the fact-finder would have found a reasonable doubt as to appellant’s guilt — Arturo Chavira v. State (2011)
- holding that appellant must show a reasonable probability that, but for counsel’s errors, the fact-finder would have had a reasonable doubt as to appellant’s guilt — Juan Reyes Rivera v. State (2011)
- holding that appellant must show a reasonable probability that, but for counsel’s errors, the fact-finder would have had a reasonable doubt as to appellant’s guilt — Heriberto Lozano Zamora Jr. v. State (2010)
Each line is a later court’s own words about this case, not a summary. Read the opinion before relying on it.
How the opinion begins
OPINION HOLLAND, J., delivered the opinion in which McCORMICK, P.J., and MEYERS, MANSFIELD, KELLER and KEASLER, JJ., joined.
Appellant was convicted of the capital murder of Elmer Rode, which occurred on December 28, 1994. See Tex. Penal Code Ann. § 19.03(a)(2). Pursuant to the jury’s answers to the special issues set forth in article 37.071, §§ 2(b)(1), 2(b)(2), and 2(e) of the Code of Criminal Procedure, the trial court sentenced appellant to death. See Tex.Code CRiM. PROC. Ann. art. 37.071 § 2(g).[1] Direct appeal to this Court is automatic. See Art. 37.071 § 2(h). Appellant raises twenty-three points of error. We affirm.
In appellant’s fourteenth, fifteenth and sixteenth points of error, he argues the [*740] evidence was legally insufficient to convict him of capital murder. In his seventeenth point of error, appellant argues the evidence was legally insufficient to support the jury’s answers to the special issues at punishment. He improperly combines all four points of error into a single argument. We first address the points concerning the sufficiency of the evidence to convict appellant of capital murder.
Cite this
Dewberry v. State, 4 S.W.3d 735 (1999)Read the full opinion
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