Monty Allen Delk, Appellant v. the State of Texas, Appellee

Summary

The Court of Criminal Appeals of Texas affirmed Monty Allen Delk's murder conviction and death sentence, rejecting all six points of error raised on appeal. It held that the trial court correctly excluded impeachment of a witness, admitted the in‑court identification, found sufficient evidence for the special issues, correctly denied additional mitigating‑evidence instructions, upheld the constitutionality of the death‑penalty scheme as applied, and ruled that the seized license, registration, wallet and photograph were admissible because they were obtained after a lawful arrest. Justice Clinton dissented, arguing that the jury should have been instructed on mitigating evidence.