Gary Lynn Murphy, Appellant v. the State of Texas, Appellee

Summary

The Court of Criminal Appeals of Texas affirmed the Dallas Court of Appeals' reversal of Murphy's murder conviction, holding that unadjudicated extraneous offenses are inadmissible during the punishment phase under Article 37.07, § 3(a) and that the trial court's error was not harmless. The majority based its decision on the statutory amendment defining "prior criminal record" and on a balancing of probative value against prejudice. Several dissenting and concurring opinions argued that the evidence was relevant to probation suitability and that the majority's interpretation of the statute was erroneous.