Charles Edward Smith, Appellant v. the State of Texas, Appellee

Summary

The Court of Criminal Appeals of Texas affirmed Charles Edward Smith's capital murder conviction but vacated his death sentence because the trial court failed to give the required deliberateness question under the pre‑1991 version of Article 37.071, rendering the sentencing invalid. The Court also overruled Smith's numerous alleged errors concerning grand‑jury adjournment, voir dire, juror challenges for cause, alleged prosecutorial misconduct, and cross‑examination language, finding no reversible error. The decision remands for a new sentencing proceeding. Justice Clinton filed a concurring opinion agreeing with the majority’s holdings and noting the proper basis for the juror challenge.