Troy Albert Kunkle, Appellant v. the State of Texas, Appellee

Summary

The Texas Court of Criminal Appeals affirmed Troy Albert Kunkle's capital murder conviction and death sentence, holding that Tom Sauls was not an accomplice witness as a matter of law or fact, that no factual issue existed on that point, and that the jury instructions on criminal responsibility and corroboration were proper. The court also found no reversible error in the prosecutor's out‑of‑record statements, the denial of a mistrial, or the death‑qualification voir‑dire questions. Justice Teague and Justice Clinton dissented, arguing that Sauls should be treated as an accomplice witness and that the death‑penalty finding on future dangerousness was erroneous.