Fairow v. State

OPINION ON APPELLANT’S PETITION FOR DISCRETIONARY REVIEW

KELLER, Judge.

A jury convicted appellant of capital murder (murder in the course of a robbery) and the trial court sentenced him to life imprisonment pursuant to Article 37.071 of the Texas Code of Criminal Procedure. The Court of Appeals affirmed the conviction. Fairow v. State, 920 S.W.2d 357 (Tex.App.—Houston [1st Dist.] 1996). We granted appellant’s petition to review the Court of Appeals’ holding that Rule 701 of the Texas Rules of Criminal Evidence1 does not allow a lay witness to express his opinion as to the culpable mental state…