Kerry Dimart Allen, Appellant v. the State of Texas

Summary

The Court affirmed Kerry Dimart Allen's capital murder conviction and death sentence, rejecting his challenges to a juror dismissal, the admission of sexual assault evidence, and constitutional claims regarding the mitigation special issue, appellate review, and alleged disparate treatment. The majority held that the appellant failed to preserve error on the juror issue, that the evidence was relevant and properly admitted, and that his constitutional arguments were misplaced. Two concurring opinions agreed with the judgment but urged factual sufficiency review of the mitigation and future dangerousness special issues in light of Atkins and other considerations.