Carmell v. State

OPINION

TERRIE LIVINGSTON, Chief Justice.

Introduction

In this out-of-time appeal, Scott Leslie Carmell brings four issues: (1) the United States Supreme Court’s holding in Carmell v. Texas, 529 U.S. 513, 120 S.Ct. 1620, 146 L.Ed.2d 577 (2000), requires entry of a judgment of acquittal on four of the counts for which he was originally convicted (counts seven through ten); (2) the trial court’s failure to instruct the jury that it could consider the elapsed time between the offenses in counts seven through ten and the victim’s outcry only for the purpose of assessing the weight to be given the…