Court of Criminal Appeals of Texas

Eliseo Hernandez Moreno, Appellant v. the State of Texas, Appellee

May 28, 19861986 Tex. Crim. App. LEXIS 738

Summary

The Court affirmed the capital murder conviction and death sentence, overruled the appellant's nine grounds of error—including the motion to quash, juror dismissals, sufficiency of evidence that the officer was acting in the lawful discharge of duty, admission of extraneous offenses, failure to give a lesser‑included offense charge, and the special issue finding—finding the evidence sufficient and the trial court’s rulings proper. Justice Teague filed a concurring opinion disagreeing with the majority’s reasoning on the admissibility of the Garza murders and the basis for the special‑issue finding.