The Prosecutions Concept at Demo 31 Though Carrasco was observed With all the murder weapon which he owned the Condition attempted Guerra because the triggerman within the taking pictures of Harris The Condition speculated at demo that Guerra after allegedly capturing Harris and Armijo Along with the 9-millimeter gun belonging to Carrasco switched guns with Carrasco S.F Vol 25 at 907-09 Beneath the States idea Carrasco were carrying the .forty five caliber Detonics pistol when Harris was shot and took the nine-millimeter pistol and Harriss .357 revolver only once the taking pictures of Harris and Armijo and ahead of the taking pictures of Officer Trepagnier 32 This farfetched theory is not just illogical but was without any evidentiary support at demo The Condition was not able to supply any physical evidence by any means supporting gun change or even suggesting that at any time Guerra may need dealt with the murder weapon Police lab chemist Danita Smith testified that she had performed trace steel detection examination on Guerra only hours after the capturing to determine if he experienced at any time held the murder weapon S.

incorrectly -- Along with the perception that It doesn't matter how they arrived out of this issue in the guilt-innocence stage they may sentence Guerra to Dying from the punishment stage even if some jurors doubted that he was the triggerman 31 However an instruction not to use the law of parties was given neither within the guilt-innocence period in the trial nor in the punishment phase S.F Vol 27 at 163 32 So absent particular cost the law of functions doesn't utilize throughout the punishment section Particular Issue No improperly permits the jury to use the law of parties on the nontriggerman Nichols Slip Op at nine-ten Appropriately the Guerra courts failure to instruct from software in the legislation of events is essential error and therefore isn't waived by failure to object in violation of your Fifth Eighth and Fourteenth Amendments into the U.

counsel will probably be symbolizing his consumer with at 913-14 Mr Moen reassured the jury that he acted to characterize Officer Harris to the ideal of his abilities -- just as they'd stand for any on the jurors or family members at 968-sixty nine Then the prosecutor seized on this incendiary portrait on the victim and his spouse fanning the testimony into blazing plea for retribution Bitterly contrasting the poignant graphic of virtuous spouse and father with the kind of human being is Mr Moen vehemently exclaimed You recognize trials like this murder instances such as this make me indignant very little little bit as law firm so far as the legislation is worried simply because you are presented just the briefest biographical sketch of what sort of human being Jim Harris genuinely was and it is not likely fair It's not at all fair to Jim or his spouse and children that you are aware of so minor about what sort of particular person he was All through the trial he is characterised as being police officer just law enforcement officer He was individual Performing as police officer He was not just another statistic murder statistic here in Houston He was fantastic gentleman Set it out of the head he was law enforcement officer Positive it enters into this scenario but he was not only police officer not only distant determine we could write off He was person excellent gentleman fantastic member of the community Id at 986-87 one hundred and one This psychological charm on your own was adequate to crumble the objectivity of even one of the most conscientious juror Though the Condition didn't halt with evidence of your effect of Officer Harriss Loss of life The prosecutors also elicited victim impact testimony from Mrs Armijo inside the guilt-innocence phase in the demo Though the Point out was not making an attempt Observe fifty eight supra for equivalent characterizations in voir dire -103-