Carl Johnson, Appellant v. the State of Texas, Appellee

Summary

The Court of Criminal Appeals of Texas affirmed Carl Johnson's capital murder conviction and death sentence, holding that the trial court's failure to submit the provocation issue and other alleged errors were not reversible because appellant waived them by not objecting, and that counsel's assistance was not ineffective. Justice Clinton dissented, arguing that the mandatory provocation instruction was a fundamental error that should not be waived.