David Leon Wallace, Appellant v. the State of Texas, Appellee

Summary

The Court held that the State failed to prove beyond a reasonable doubt that the appellant posed a continuing threat of future violent conduct, rendering the jury’s affirmative answer to special issue 2 under Art. 37.071(b)(2) insufficient; consequently the death penalty was set aside and the judgment was reformed to life imprisonment, with the judgment affirmed. The Court also found no error in the law‑of‑parties and self‑defense instructions. Separate opinions dissent on the self‑defense issue and critique the majority’s reasoning.