Kerry Dimart Allen, Appellant v. the State of Texas

Summary

The Court of Criminal Appeals of Texas affirmed Kerry Dimart Allen's capital murder conviction and death sentence, overruling all fourteen points of error raised on appeal. It held that the trial court properly denied the juror challenge, correctly admitted sexual assault evidence, correctly applied the burden of proof for aggravating circumstances, properly limited appellate review of special issues, and found no evidentiary basis for a claim of disparate sentencing across counties. Concurring opinions noted the impact of Atkins v. Virginia on future dangerousness and mitigation issue review.