Court of Criminal Appeals of Texas

Brittany Marlowe Holberg, A/k/a Brittany Marlowe Johnson, Appellant v. the State of Texas

November 29, 20002000 Tex. Crim. App. LEXIS 103

Summary

The Texas Court of Criminal Appeals affirmed Brittany Marlowe Holberg's death sentence, rejecting her constitutional challenges. The Court held that Penal Code §19.03 and Article 37.071 do not violate the Establishment Clause because their purpose and primary effect are secular, and they do not constitute cruel and unusual punishment under the Eighth Amendment.