Court of Criminal Appeals of Texas
Joel Gregory Arnold, Appellant v. the State of Texas, Appellee; Anderson Gaines, Appellant, v. the State of Texas…
January 24, 19901990 Tex. Crim. App. LEXIS 12
Summary
The Court clarified the application of Tex.R.App.Pro. Rule 81(b)(2) to "Rose" errors, holding that the State bears the burden to prove beyond a reasonable doubt that a unconstitutional § 4 parole instruction made no contribution to the punishment. It affirmed the judgments in Arnold, Gaines, Hooper, and Taylor, but reversed and remanded the judgment in Payne.