Ford v. State

In his third point of error appellant challenges the admission of so-called “victim impact” evidence at the punishment phase of his capital murder trial. The Court today holds that the particular evidence proffered in this cause is admissible because it relates to appellant’s “moral blameworthiness” under Article 37.071, § 2(e), V.A.C.C.P. While I agree that the evidence was relevant to increase appellant’s moral blameworthiness, I disagree that § 2(e) calls upon the jury to consider reasons a capital accused should be put to death, and thus I dissent. I write separately in order to suggest a…