Robert v. Black, Jr., Aka Bob Black, Appellant, v. the State of Texas, Appellee

Summary

The Court of Criminal Appeals of Texas affirmed the trial court's judgment, holding that the evidence supported the jury's affirmative answer on the second capital‑murder punishment issue, that ineffective assistance of counsel was not prejudicial, that the indictment, venue, peremptory challenges and Eighth Amendment claims raised no error, and that the death sentence stands. The opinion includes a dissent by Judge Clinton and concurrences by Judges Campbell and Baird, the dissent arguing that the sentencing scheme is unconstitutional without a proper mitigating instruction.