Philip Carey Brasfield, Appellant v. the State of Texas, Appellee

Summary

The Court affirmed that the circumstantial evidence was sufficient to support the capital murder conviction, but held that the jury’s affirmative answer to the future dangerousness issue under Art. 37.071(b)(2) was unsupported, thereby eliminating the death penalty. It also held that the indictment was defective for failing to name the kidnapping victim, requiring reversal of the conviction and a new trial on an amended indictment. The Court rejected challenges to attorney‑client privilege, additional funding for an investigator, disclosure of an informant, and the admission of photographs. Two dissenting opinions contest the majority’s analysis of indictment form versus substance.