Journal Title

Southwestern Law Journal





First Page


Document Type


Publication Information



Recent state and federal decisions significantly influenced Texas criminal procedure at both the trial and appellate levels. These decisions generally affected three main areas of the punishment stage of Texas criminal trials. First, they defined the scope of evidence admissible at the punishment stage. Second, they addressed procedural and substantive questions concerning the special punishment issue of use or exhibition of a deadly weapon. Third, they raised substantial questions about the constitutionality of the death penalty as applied by Texas courts.

Texas courts also faced numerous challenges in the aftermath of several important state and federal constitutional decisions. These decisions involved issues of procedural default, retroactivity, and harmless error, which prompted reconsideration of the availability of, and procedural requirements for, habeas corpus. For example, Texas courts have devised various procedures in implementing Batson v. Kentucky, which established new standards to prevent racial discrimination in the selection of juries. These cases helped develop Texas trial court and appellate review.

Recommended Citation

John M. Schmolesky, Trial and Appellate Criminal Procedure, 44 Sw. L. J. 601 (1990).

Included in

Law Commons



To view the content in your browser, please download Adobe Reader or, alternately,
you may Download the file to your hard drive.

NOTE: The latest versions of Adobe Reader do not support viewing PDF files within Firefox on Mac OS and if you are using a modern (Intel) Mac, there is no official plugin for viewing PDF files within the browser window.