Mitten v. State

OPINION ON REMAND

Opinion by

Justice YÁÑEZ.

A jury found appellant, Cody Dewayne Mitten, guilty of capital murder, 1 thereby rejecting his affirmative defense of insanity. The State elected not to seek the death penalty, and the trial court assessed punishment at life imprisonment. In a divided opinion, this Court affirmed the judgment on direct appeal. 2

In a unanimous en banc opinion, however, the Texas Court of Criminal Appeals held that the trial court erred in admitting a statement made by appellant at a state hospital during an incompetency examination. 3 The court of criminal appeals held…