Darryl Elroy Stewart, Appellant v. the State of Texas, Appellee

Summary

The Court of Criminal Appeals of Texas affirmed Darryl Stewart's capital murder conviction and death sentence, holding that the alleged juror exclusions were waived, the Texas sentencing scheme satisfied constitutional mitigation requirements, the excluded testimony was not reviewable, Enmund v. Florida did not apply, and the jury charge at the guilt phase was proper. Justice Clinton dissented, arguing that the jury should have been instructed on mitigating evidence and that the majority erred in finding no constitutional violation.