Lindsey Monroe Smith, Jr., Appellant v. the State of Texas, Appellee

Summary

The Court of Criminal Appeals affirmed Lindsey Monroe Smith Jr.'s murder conviction, striking the trial court's improper affirmative finding that a deadly weapon was used, and holding that the trial court did not err on issues of expert qualification, continuance, accomplice instruction, discovery of NCIC records, victim identification, jury charge, sudden passion instruction, and post‑arrest silence impeachment. The Court found the expert testimony admissible, denied the continuance, rejected the accomplice and discovery objections, upheld the victim identification, affirmed the jury charge, concluded no sudden passion evidence, and held the post‑arrest silence issue was waived. The Court also ordered the erroneous deadly‑weapon finding stricken. Justice Clinton filed a concurring opinion clarifying the standard for sudden passion.