Legal Opinion

Muhammad v. State

Texas Court of Appeals, 8th District (El Paso)

Decided May 24, 2001No. 08-98-00399-CRPublishedCited by 25 opinions

1Opinion of the Court

OPINION

LARSEN, Justice.

This case involves exclusion of expert psychological evidence during a punishment trial. Alwan A. Muhammad pleaded guilty to the murder of Nereida Flores, electing to have a jury assess punishment. The trial court sentenced Muhammad, in accordance with the jury’s verdict, to life imprisonment and a $10,000 fine. Muhammad appeals, claiming that the trial court abused its discretion in excluding the testimony of his psychologist. Finding error affecting defendant’s substantial rights, we reverse and remand for a new punishment trial.

FACTS

The facts of this case are not…

2Cases cited25 opinions

  1. Daubert v. Merrell Dow Pharmaceuticals, Inc.Supreme Court of the United States · 1993
  2. Kelly v. StateCourt of Criminal Appeals of Texas · 1992
  3. Weatherred v. StateCourt of Criminal Appeals of Texas · 2000
  4. S.V. v. R.V.Texas Supreme Court · 1996
  5. Nenno v. StateCourt of Criminal Appeals of Texas · 1998

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3Cited by25 opinions

  1. Reynolds v. State, Texas Court of Appeals, 6th District (Texarkana)2007
  2. Hernandez v. State, Texas Court of Appeals, 1st District (Houston)2004
  3. Kathy Yolande Miller v. Doug Dretke, Director, Texas Department of Criminal Justice, Correctional Institutions DivisionCourt of Appeals for the Fifth Circuit · 2005
  4. Vela v. State, Texas Court of Appeals, 13th District2004
  5. Allen, Dennis Lee v. State, Texas Court of Appeals, 8th District (El Paso)2002

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