Court of Criminal Appeals of Texas

Cathy Lynn Henderson, Appellant v. State of Texas, Appellee

December 3, 19971997 Tex. Crim. App. LEXIS 104

Summary

The Court affirmed the conviction and death sentence, holding that the attorney‑client privilege did not apply to the maps because the crime‑fraud exception was not satisfied, that Article 38.23 did not require suppression of the evidence derived from the maps, that the appellant’s ineffective‑assistance, due‑process, self‑incrimination, recusal, and hearsay claims were procedurally defaulted or unsupported, and that Texas Penal Code § 19.03(a)(8) is constitutional under a rational‑basis analysis. The concurring opinions dispute the equal‑protection analysis but join the majority’s result.