Benny Sneed, Appellant v. the State of Texas, Appellee

Summary

The Court of Criminal Appeals of Texas reversed the Amarillo Court of Appeals' judgment and remanded for further consideration, holding that the five‑prong test governs whether jury discussion of the parole law constitutes reversible error under Article 40.03 §§7 and 8, and finding that the first three prongs were not satisfied, so the trial judge did not abuse discretion. The majority re‑adopted the pre‑Heredia five‑prong test and overruled Heredia and related cases. Two dissenting opinions argued that the majority improperly discarded established constitutional principles and should have affirmed the lower court's decision.