Court of Criminal Appeals of Texas

John Kennedy Barefield, Appellant v. the State of Texas, Appellee

December 6, 19891989 Tex. Crim. App. LEXIS 213

Summary

The Texas Court of Criminal Appeals affirmed John Kennedy Barefield's conviction and death sentence, holding that the videotaped confessions were admissible without an express waiver, the trial court properly excused two prospective jurors for cause, the brief admission of an out‑of‑state pen packet was cured by a limiting instruction, the death penalty does not violate the Eighth Amendment, the prosecutor’s discretion to seek a capital indictment does not breach separation of powers, and the photographs of the victim were admissible. The court overruled all of Barefield’s points of error.