Clarence Allen Lackey, Appellant v. the State of Texas, Appellee

Summary

The Court of Criminal Appeals of Texas affirmed Clarence Allen Lackey's capital murder conviction and death sentence, holding that the evidence was sufficient to prove the burglary was committed with intent to commit aggravated rape and that the jury's finding of future dangerousness satisfied the special issue requirement. The Court also affirmed the trial court's jury instructions on burden of proof and mitigation, finding the Texas sentencing scheme constitutional. Several dissenting judges argued that the mitigating evidence required a separate instruction and that the special issues were insufficient to allow a reasoned moral response. The judgment of conviction is affirmed.