Court of Criminal Appeals of Texas

David Allen Gardner, Appellant v. the State of Texas, Appellee

April 8, 19871987 Tex. Crim. App. LEXIS 566

Summary

The Texas Court of Criminal Appeals affirmed the capital murder conviction and death sentence, holding that the trial court acted properly in ordering psychiatric examinations, denying a change of venue, and limiting voir dire, and that the defendant's Sixth and Fifth Amendment rights were not violated. The court overruled each of the appellant's eleven points of error, finding no statutory or constitutional error. The dissent, authored by Justice Clinton, argued that the lack of notice of the psychiatric examination deprived the defendant of effective assistance of counsel.