Battle v. State
348 S.W.3d 29
| Tex. App. | 2011Background
- Appellant Trenard Silva Battle was convicted of capital murder and automatic punishment was life imprisonment without parole.
- The August 2, 2008 murder occurred at Carl Bray's home during a planned robbery by Battle and others.
- Witnesses testified Battle retrieved a shotgun and participated in planning the robbery; some fled the scene with jewelry and a shotgun.
- A jailhouse inmate testified Battle admitted shooting Bray with a gauge during the robbery; DNA evidence showed partial match on a do-rag at the scene.
- Battle was indicted for capital murder with a theory of co-conspirator liability; the jury was instructed accordingly; the state did not seek the death penalty.
- Battle objected at trial to the conspiracy instruction as unconstitutional; no other objections to the punishment were raised.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether life imprisonment without parole for capital murder is grossly disproportionate under the Eighth Amendment. | Battle argues disproportionate punishment for co-conspirator liability. | State contends life without parole aligns with law for capital murder via co-conspirator theory. | No constitutional violation; affirmed. |
Key Cases Cited
- Graham v. Florida, 560 U.S. 48 (2010) (extreme sentences grossly disproportionate to crimes considered.)
- Cienfuegos v. State, 113 S.W.3d 481 (Tex.App.-Houston [1st Dist.] 2003) (automatic life sentence for capital murder via co-conspirator liability not grossly disproportionate.)
- Ladd v. State, 3 S.W.3d 547 (Tex.Crim.App.1999) (death penalty not grossly disproportionate for capital murder with conspirator liability.)
- Kim v. State, 283 S.W.3d 473 (Tex.App.-Fort Worth 2009) (waiver rule for preserved Eighth Amendment challenge.)