Legal Opinion
Prater v. State
Court of Appeals of Texas
Decided August 10, 1995No. 2-94-048-CRPublishedCited by 27 opinions
1Opinion of the Court
OPINION
DAUPHINOT, Justice.
Appellant was arrested and indicted for capital murder. The State waived the death penalty, and the case was tried to a jury which convicted Appellant of capital murder. Appellant had filed a timely election asking that the jury assess his punishment. Since the only possible punishment was life imprisonment, the court sentenced Appellant without a punishment hearing.
Appellant complains in a single point of error that the trial court erred in refusing to declare Article 37.071, Section 1 of the Texas Code of Criminal Procedure unconstitutional. In the same point of…
2Cases cited14 opinions
- Furman v. GeorgiaSupreme Court of the United States · 1972
- Harmelin v. MichiganSupreme Court of the United States · 1991
- Penry v. LynaughSupreme Court of the United States · 1989
- Rummel v. EstelleSupreme Court of the United States · 1980
- Rabb v. StateCourt of Criminal Appeals of Texas · 1987
9 more not listed; retrieve them via the Exa API.
3Cited by27 opinions
- Sierra v. StateCourt of Appeals of Texas · 2005
- Barnes v. StateCourt of Appeals of Texas · 2001
- Laird v. State, Texas Court of Appeals, 14th District (Houston)1996
- Julian Cedrick Bell v. State, Texas Court of Appeals, 4th District (San Antonio)2015
- Abel Buentello v. State, Texas Court of Appeals, 3rd District (Austin)1996
22 more not listed; retrieve them via the Exa API.