Legal Opinion

Nethery v. State

Court of Criminal Appeals of Texas

Decided May 22, 1985No. 68849PublishedCited by 304 opinions

1Opinion of the Court

OPINION

W.C. DAVIS, Judge.

Appellant was convicted of capital murder. Upon receiving the jury’s affirmative answers to the punishment issues, the court assessed punishment at death. See Art. 37.071, V.A.C.C.P.

Appellant alleges fifty-five grounds of error. We will first address his contentions that venirepersons were erroneously excused.

The trial court sustained the State’s challenge for cause to three venirepersons —Williams, Simnacher, and Lee — because each of the three expressed a bias against the minimum punishment for the lesser included offense of murder. See Art. 35.-16(b)(3), V.A.C.C.P.…

Also in this document: Concurrence.

2Cases cited79 opinions

  1. Witherspoon v. IllinoisSupreme Court of the United States · 1968
  2. Barefoot v. EstelleSupreme Court of the United States · 1983
  3. Wainwright v. WittSupreme Court of the United States · 1985
  4. Sheppard v. MaxwellSupreme Court of the United States · 1966
  5. Estelle v. SmithSupreme Court of the United States · 1981

74 more not listed; retrieve them via the Exa API.

3Cited by304 opinions

  1. Matson v. StateCourt of Criminal Appeals of Texas · 1991
  2. Johnson v. StateCourt of Criminal Appeals of Texas · 2002
  3. Cantu v. StateCourt of Criminal Appeals of Texas · 1992
  4. Long v. StateCourt of Criminal Appeals of Texas · 1991
  5. Penry v. StateCourt of Criminal Appeals of Texas · 1995

299 more not listed; retrieve them via the Exa API.

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