Joel Gregory Arnold, Appellant v. the State of Texas, Appellee; Anderson Gaines, Appellant, v. the State of Texas…

Summary

The Texas Court of Criminal Appeals clarified the application of Tex.R.App.Pro.Rule 81(b)(2) to "Rose" error, holding that the State must prove beyond a reasonable doubt that an unconstitutional §4 parole instruction did not contribute to the jury's sentencing. It affirmed the judgments in Arnold, Gaines, Hooper, and Taylor, but reversed and remanded Payne. The opinion also includes a dissent, a concurrence, and a partial concurrence/dissent that critique the lack of a bright‑line rule.