Court of Criminal Appeals of Texas

Demetrius Dewayne Smith, Appellant v. the State of Texas

May 6, 20092009 Tex. Crim. App. LEXIS 527

Summary

The Texas Court of Criminal Appeals affirmed Demetrius Dewayne Smith's conviction for capital murder and his death sentence, finding the trial court's rulings on the indictment amendment, juror challenges for cause, refusal to give a lesser‑included murder instruction, failure to define "same criminal transaction," admission of certain prison disciplinary records, and the lethal‑injection protocol all proper. The Court held that none of the asserted errors prejudiced Smith's substantial rights. Justice Keasler filed a concurring opinion disagreeing on the Confrontation Clause analysis of the disciplinary records.