Court of Criminal Appeals of Texas

The State of Texas v. Mark Twain Simpson, Appellee

April 27, 20162016 Tex. Crim. App. LEXIS 74

Summary

The Texas Court of Criminal Appeals affirmed the Dallas Court of Appeals' reversal of the trial court's grant of a new trial on the ground that the defendant's Eighth Amendment gross disproportionality claim was not substantiated by the record. The court held that the proper standard of review for such a grant is abuse of discretion and that the trial court abused that discretion by acting without guiding principles.