Roeder v. State

OPINION

McCORMICK, Judge.

This is an appeal from a conviction for capital murder. After the jury answered the special issues in the affirmative, the trial judge sentenced appellant to death.

In his first ground of error, appellant argues that prospective juror Tammy Lynn Wilson was erroneously excused in violation of Witherspoon v. Illinois, 391 U.S. 510, 88 S.Ct. 1770, 20 L.Ed.2d 776 (1968) and Adams v. Texas, 448 U.S. 38, 100 S.Ct. 2521, 65 L.Ed.2d 581 (1980).

The State confesses error in their appellate brief but argues that appellant did not preserve the error because defense counsel only…