Hartfield v. State

OPINION

Opinion by

Justice Benavides

Nearly four decades ago, a Wharton County jury convicted appellant Jerry Hartfield of the capital murder of Eunice Lowe and assessed his punishment at death. On automatic review, the Texas Court of Criminal Appeals found error related to the exclusion of a potential juror, vacated Hartfield’s conviction, and ordered a new trial in its entirety. See Hartfield v. State (Hartfield I), 645 S.W.2d 436, 437-41 (Tex. Crim. App. 1980) (en banc).

*60In its motion for rehearing to the court of criminal appeals, the State sought two alternative forms of relief: (1) to…