Court of Criminal Appeals of Texas

Thomas A. Barefoot Aka Darren Callier, Appellant v. the State of Texas, Appellee

March 12, 19801980 Tex. Crim. App. LEXIS 1139

Summary

The Texas Court of Criminal Appeals affirmed the capital murder conviction and death sentence, holding that the trial court did not err in refusing a circumstantial evidence charge, denying a change of venue, rejecting challenges for cause and additional peremptory challenges, admitting extraneous New Mexico offenses to show motive, and allowing psychiatric testimony on future dangerousness. The court also rejected the appellant's claims that the term "probability" in the statutory provision was unconstitutionally vague and that the trial court erred in refusing an instructed verdict and jury sequestration. Justice Clinton dissented in part, arguing that the admission of extraneous offenses was prejudicial.