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Richard Larry Hensarling v. State Texas

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eBook details

  • Title: Richard Larry Hensarling v. State Texas
  • Author : Supreme Court Of Utah
  • Release Date : January 25, 1992
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 64 KB

Description

A jury convicted appellant of the murder of his estranged wife, finding he used a deadly weapon, a gun, in the commission of this offense. The jury also assessed appellants punishment at 99 years imprisonment in the Texas Department of Corrections and a $5,000 fine. On direct appeal, the court of appeals, in an unpublished opinion, abated the appeal and remanded the cause to the trial court for a retrospective competency trial. Hensarling v. State, No. 09-88-281-CR, delivered January 24, 1990. After the competency hearing, in which the jury found appellant was competent to stand trial in 1988, appellant appealed and raised four points of error complaining of error in the conduct of the hearing. The court of appeals overruled these points and affirmed the judgment of the trial court in another unpublished opinion. Hensarling v. State, No. 09-88-281 CR, delivered December 19, 1990. We granted appellants petition on three grounds for review, to-wit: (1) the court of appeals erred in holding that the judgment as to competency was not manifestly unjust; (2) the court of appeals erred in holding that the trial judge, who presided over appellants murder trial, was not disqualified as a witness under Tex.R.Crim.Evid. 605 at the competency hearing; and (3) the court of appeals erred in holding appellant failed to preserve error as to the trial judges refusal to grant three challenges for cause during voir dire in the murder trial.


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