Roark v. State

SHEPARD, Chief Justice.

Appellant Dennis Roark was found guilty by a jury of murdering his girl friend, their two small children, and the girlfriend's mother. The court sentenced him to death. On direct appeal, he presents four issues, one of which we find dispositive: Did the trial court commit reversible error by failing to instruct the jury on the issue of sudden heat?

At trial, defense counsel tendered the following instruction:

The term "sudden heat" means an excited mind. It is a condition that may be created by strong emotion such as anger, rage, sudden resentment or jealousy. It may be…