Hardaway v. State

I agree with the majority opinion in all respects except the sustaining of grounds of error three, four and five.

The murder/voluntary manslaughter dichotomy is a unique situation in Texas jurisprudence. As pointed out in Judge Clinton's opinion in Bradley v. State, 688 S.W.2d 847 (Tex.Crim.App.1985) it is the only offense where if the evidence raises a particular issue (sudden passion), that has the effect of making voluntary manslaughter a lesser included offense to murder. The absence of evidence raising the issue of sudden passion prevents voluntary manslaughter from being treated as a…