Cleveland V. State - In the Court of Appeals for the First District of Texas

Cleveland V. State

By In the Court of Appeals for the First District of Texas

  • Release Date - Published: 2005-04-07
  • Book Genre: Law
  • Author: In the Court of Appeals for the First District of Texas
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Cleveland V. State In the Court of Appeals for the First District of Texas read online review & book description:

Appellant, Andre Cleveland, pleaded not guilty to the charge of murdering his wife. A jury found appellant guilty of murder, found against appellant on the special issue of sudden passion, and assessed punishment at confinement for life in prison. Appellant brings four points of error concerning the guilt-innocence phase of his trial. In his first two points of error, appellant contends that the trial court erred by denying his motion to suppress evidence of the search of his residence and by overruling his objection to closing argument by the State that allegedly commented on appellant's post-arrest silence. In his third and fourth points of error, appellant contends that the State failed to disprove beyond a reasonable doubt that he killed his wife while acting in self-defense, and that the evidence is therefore legally and factually insufficient to sustain his murder conviction. Concerning the punishment stage of his trial, appellant's fifth and sixth points of error assert that, although he had the burden to prove by a preponderance of the evidence that he killed his wife out of sudden passion arising out of an adequate cause, the evidence is legally and factually insufficient to sustain the jury's negative answer to the sudden passion special issue. We affirm.

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