Capps v. State

HINES, Presiding Justice.

Following the denial of his motion for new trial, as amended, William Kenneth Capps appeals his conviction and sentence for malice murder in connection with the fatal shooting of Ernest Morocco “Rocco” Lattimore. He challenges the effectiveness of his trial counsel and the trial court’s alleged refusal to allow him to inquire into whether there was an improper communication to the jury. For the reasons that follow, the challenges are without merit and we affirm.1

The evidence construed in favor of the verdict showed the following. On the evening of July 10, 2005, Capps…