Noe Adrian Salinas v. State
13-13-00627-CR
| Tex. App. | Oct 22, 2015Background
- Noe Adrian Salinas was convicted by a jury of capital murder in Nueces County, Texas; the State did not seek the death penalty.
- Under Texas law, when the State declines death, article 37.071 §1 requires the trial court to impose automatic life imprisonment without parole for capital murder convictions.
- Because the State did not pursue death, there was no statutory punishment phase allowing presentation of mitigating evidence (e.g., sudden passion).
- Salinas argued on appeal that the mandatory life-without-parole sentence violated the Eighth and Fourteenth Amendments by denying him the opportunity to present sudden-passion mitigation.
- The State argued that Salinas waived any facial or as-applied constitutional challenge by not raising it in the trial court and defended the statute’s constitutionality.
- The Court of Appeals found waiver on procedural grounds and, alternatively, held that an automatic life-without-parole scheme does not violate the Eighth Amendment.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether automatic life without parole for capital murder (when State declines death) violates the Eighth and Fourteenth Amendments by precluding presentation of sudden-passion mitigation | Salinas: statute deprived him of opportunity to present sudden-passion mitigation and thus imposed cruel and unusual punishment | State: Salinas waived the constitutional challenge by failing to object at trial; the sentencing scheme is constitutional | Court: Issue waived for failure to object; alternatively, scheme is constitutional under Eighth Amendment (Harmelin) |
Key Cases Cited
- Harmelin v. Michigan, 501 U.S. 957 (U.S. 1991) (upholding life-without-parole sentencing scheme against Eighth Amendment challenge)
- Karenev v. State, 281 S.W.3d 428 (Tex. Crim. App. 2009) (constitutional challenges generally must be raised at trial and cannot be first asserted on appeal)
- Curry v. State, 910 S.W.2d 490 (Tex. Crim. App. 1995) (as-applied constitutional challenges must be preserved for appeal by timely trial objection)
- Buhl v. State, 960 S.W.2d 927 (Tex. App. — Waco 1998) (rejecting Eighth Amendment challenge to automatic life sentence under article 37.071)