Love, Albert Leslie, Jr
AP-77,024
| Tex. App. | Mar 3, 2015Background
- Albert Love Jr. is convicted of capital murder for the Sneed/Hubert killings and related Bowers case context.
- Evidence shows Love participated with Rickey and D’Arvis Cummings in a violent sequence at Lakewood Villas leading to two deaths.
- The State introduced phone/text records and other extrinsic acts to rebut lack of opportunity and to show motive/plan.
- Witness testimony and physical evidence tied Love to firearms and gang activity, culminating in a death sentence.
- Appeal challenges cover voir dire, Batson, extraneous acts, admission of co-defendant evidence, and punishment-phase disclosures.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Did the court err in granting two challenges for cause against a venireperson? | Love contends Shanklin was improperly struck. | State argues bias against law burden justified removal. | No reversible error; decision within zone of reasonable disagreement. |
| Did the court err in denying Batson challenge to strike an African-American venireperson? | Wright's race-based removal violated Batson. | State offered race-neutral reasons and no prima facie showing. | No clear error; ruling was within deference standard. |
| Did the court err in admitting extraneous bad act evidence? | Extraneous acts were more prejudicial and lacked proper notice. | Evidence relevant to opportunity, motive, and plan; probative value outweighs prejudice. | Admissible under Rule 404(b) and 403; within zone of reasonable disagreement. |
| Did the court err in admitting cell phone records and related communications? | Records violated privacy/confrontation rules and due process. | Records were relevant, properly admitted as non-testimonial and under authorized process. | Harmless error; admission did not affect substantial rights. |
| Did the court err by admitting a compelled life history statement and related punishment evidence? | Compelled nature violated Article 38.22 and corroboration concerns. | Life history relevant to mitigation; not a compelled confession for prior bad acts. | Admissible; extraneous acts evidence properly limited and mitigative. |
Key Cases Cited
- Batson v. Kentucky, 476 U.S. 79 (U.S. 1986) (prohibits race-based peremptory challenges)
- Snyder v. Louisiana, 552 U.S. 472 (U.S. 2008) (highly deferential standard for Batson rulings)
- Rachal v. State, 917 S.W.2d 799 (Tex. Crim. App. 1996) (deference to trial court on voir dire and Batson, reviewable for abuse of discretion)