Jewel Richard McGee, Jr., Appellant v. the State of Texas, Appellee

Summary

The Court of Criminal Appeals of Texas affirmed Jewel Richard McGEE, Jr.'s capital murder conviction, holding that the evidence was sufficient to support the hammer as the murder weapon, that the murder was committed in the course of robbery, and that the trial court properly excused prospective juror Henrietta Isles Locke for cause. The Court also found no reversible error in the denial of further voir dire questioning, the prohibition of a jury argument on circumstantial evidence, the prosecutor's comments, and the denial of a change of venue. A dissent argued that Locke's refusal to consider the death penalty did not constitute substantial impairment and would reverse the conviction, while a concurrence agreed with the majority on the Batson issue.