327 S.W.3d 727
Tex. Crim. App.2010Background
- Martinez convicted of capital murder for July 1983 offense; death sentence imposed after 1989 trial; habeas relief in 2007 vacated sentence and ordered new punishment hearing; 2009 sentencing under Article 37.0711 approved death sentence; extensive prior criminal history and prison disciplinary record introduced at punishment; evidence included extensive violence, gang leadership, and lack of remorse; appellate review focused on future dangerousness, deliberateness, and related evidentiary issues.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Legal sufficiency of future dangerousness finding | Martinez argues evidence insufficient given age and long prison time | State asserts offense history and behavior support future danger | Evidence legally sufficient; future dangerousness upheld |
| Factual sufficiency of deliberateness | Clewis/Wardrip standards should apply; evidence inadequate | Keeton factors and offense conduct suffice | Brooks overruled Clewis/Wardrip; point overruled |
| Admission of unadjudicated extraneous offense (threat to unborn child) | Rule 403 should have excluded as prejudicial | Evidence relevant to future dangerousness; probative value outweighs prejudice | Admissible; not an abuse of discretion |
| Confrontation rights and use of DeAnda's prior testimony | Similar-motive requirement under Confrontation Clause not met | Record shows unavailability and prior cross-examination; admissible | Admission of DeAnda’s testimony constitutional; no Confrontation Clause violation |
| Constitutionality of the 10/12 rule | 10/12 rule coerces jurors to reach a verdict | Rule repeatedly upheld as constitutional | Rule upheld; constitutional association with sentencing scheme |
Key Cases Cited
- Fuller v. State, 253 S.W.3d 220 (Tex. Crim. App. 2008) (offense evidence may support future dangerousness finding)
- Sonnier v. State, 913 S.W.2d 511 (Tex. Crim. App. 1995) (offense context supports future dangerousness)
- Kunkle v. State, 771 S.W.2d 435 (Tex. Crim. App. 1986) (factoring in prior criminal history for dangerousness)