Gerald Lee Bodde v. State Texas

Forty-seven grounds of error are presented; however, twenty-five grounds of error are unsupported by argument and authority. See Art. 40.09, Sec. 9, V.A.C.C.P. We will consider some of the unbriefed grounds of error in the interest of justice. Art. 40.09, Sec. 13, V.A.C.C.P. In those grounds of error which have been briefed appellants contentions concern the constitutionality of the capital murder statutes and the manner in which the death penalty is imposed; jury selection; the restriction of voir dire examination; the courts failure to sua sponte declare a mistrial when a juror who had been empaneled revealed that he previously had been convicted of a felony; the courts charge on circumstantial evidence at the punishment stage of the trial; and the sufficiency of the evidence in regard to punishment.