Motley v. State

OPINION

McCORMICK, Presiding Judge.

Appellant was convicted of the offense of capital murder. Punishment was assessed at death.

In point of error number one appellant asks us to consider whether his right to a fair trial was abrogated by the prosecutor stating to jurors without objection from defense counsel that there is no difference between deliberate conduct and intentional conduct. In his second point of error, appellant argues that the State’s burden of proof was lessened in violation of the Fifth Amendment to the United States Constitution when the prosecutor was allowed to qualify jurors…