Sammie Felder V. State Texas (09/16/92‪)‬

Appellant was convicted of capital murder for intentionally causing the death of James Hanks, a quadriplegic, by cutting and stabbing him with a pair of scissors while in the course of committing robbery. At appellant's first trial, he was convicted and punishment was assessed at death. His conviction was affirmed on appeal. Felder v. State, 564 S.W.2d 776 (Tex.Cr.App. 1978). However, a panel of the Fifth Circuit Court of Appeals ultimately reversed and ordered appellant's release or a new trial. Felder v. McCotter, 765 F.2d 1245 (5th Cir. 1985). Appellant's second trial also resulted in a conviction, and once again punishment was assessed at death. On appeal, this Court reversed and remanded for a new trial. Felder v. State, 758 S.W.2d 760 (Tex.Cr.App. 1988). At appellant's  third trial, he was also convicted and sentenced to death and it is this conviction which appellant now appeals. Article 37.071(h), V.A.C.C.P.