Court of Criminal Appeals of Texas

Marlin Enos Nelson, Appellant v. the State of Texas, Appellee

November 25, 19921992 Tex. Crim. App. LEXIS 220

Summary

The Court affirmed Marlin Nelson's capital murder conviction and death sentence, holding that the evidence was sufficient to find the robbery element, that the warrantless arrest was lawful, and that the trial court's jury rulings and sentencing instructions were proper. The Court also rejected the appellant's Fourth, Fifth, Sixth, and Eighth Amendment challenges. A dissent argued the intent to rob was not proven, and a concurrence agreed with the result but criticized the majority's narrow reading of Penry.