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 Court affirmed the conviction and death sentence of Demetrius Dewayne Smith, rejecting all twenty‑six points of error raised on indictment amendment, jury selection, jury instruction, evidentiary admission, and constitutional challenges. The Court held that the indictment amendment was permissible, the trial judge’s challenges for cause were not an abuse of discretion, no lesser‑included instruction was required, the term “same criminal transaction” need not be defined, the admission of certain prison records violated the Confrontation Clause but was harmless, and the capital‑sentencing scheme and related procedural rules were constitutional. Justice Keasler filed a concurring opinion disagreeing on the harmless‑error analysis of the prison records.