Clarence Allen Lackey, Appellant v. the State of Texas, Appellee

Summary

The Court affirmed the capital murder conviction but remanded for a new competency hearing, holding that the trial court did not err in refusing a specific psychiatrist, in denying additional expert funds, in allowing Johnson’s testimony, in admitting photographs, and in finding Johnson’s consent to the warrantless searches was voluntary. The majority relied on established authority that the State bears the burden of proving voluntary consent and that any error was harmless. Separate dissenting opinions argue the consent issue was not properly preserved and that the State failed to meet its burden, while a concurring opinion agrees with the majority’s conclusion on voluntariness but not on preservation.