Clark v. State

OPINION

KELLER, J.,

delivered the unanimous opinion of the Court.

Appellant was convicted of capital murder. Tex. Penal Code Ann. § 19.03(a). Pursuant to the jury’s answers to the special issues set forth in Texas Code of Criminal Procedure art. 37.071 §§ 2(b) and 2(e), he was sentenced to death. Article 37.071 § 2(g). 1 The case was automatically appealed to this Court, Article 37.071 § 2(h). Because of error proscribed by Wainwright v. Witt, 469 U.S. 412, 105 S.Ct. 844, 83 L.Ed.2d 841 (1985), we reversed and remanded the case for a hearing on punishment only. Clark v. State, 929 S.W.2d 5…