Graham v. State

ON STATE’S MOTION FOR REHEARING

After the Supreme Court of the United States reversed “in part” a judgment of this Court in a capital case, the Court deferred to a subsequent act of executive clemency that “reached the punishment before the judicial sequence did” and affirmed the judgment of conviction, citing only Whan v. State, 485 S.W.2d 275 (Tex.Cr.App.1972). Adams v. State, 624 S.W.2d 568 (Tex.Cr.App.1981).

When this Court first reversed a judgment of a trial court assessing the death penalty for “trial error” during the punishment stage, but then granted leave to file motions for…