Court of Criminal Appeals of Texas

Kenneth Wayne Jackson, Appellant v. the State of Texas

April 13, 20052005 Tex. Crim. App. LEXIS 568

Summary

The Texas Court of Criminal Appeals affirmed Kenneth Wayne Jackson’s murder conviction, holding that Texas does not recognize a diminished‑capacity defense that negates the mens rea element. The Court explained that evidence of mental illness may be admitted under Article 38.36(a) but is subject to the trial judge’s discretion under Rule 403, and that the trial court’s limitation of such evidence did not constitute reversible error.