Burton, Ex Parte Arthur Lee

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. AP-75,790

EX PARTE ARTHUR LEE BURTON, Applicant

ON APPLICATION FOR A WRIT OF HABEAS CORPUS

CAUSE NUMBER 760321-B FROM THE FROM 338TH

DISTRICT COURT OF HARRIS COUNTY

Per curiam. Holcomb, J., filed concurring a opinion. Price, J., concurred. Johnson, J., dissented.

O P I N I O N

In 1998, a jury found Arthur Lee Burton guilty of capital murder and sentenced him to death. On October 8, 1998, while housed on death row, Burton was interviewed by prison sociologist J.P. Guyton as part of a routine "classification interview." During the interview, Guyton asked…