Filed June 27, 2012
(See Engberg v. Wyoming (Wyo. 1991) 820 P.2d 70); McConnell v. Nevada (Nev. 2004) 102 (01 See Code of Ala. § 13A-5-40(b) (2005); Ark. Code Ann.§ 5- 10-102(a)(1) (2005) [killing mustbeat least reckless]; 11 Del.C. § 636(a)(2) (2005) [at least reckless]; Kans. Stats.Ann. § 21-3439 (2005); La. R.S. 13:30(a)1 (2005); R.S.Mo. § 565.021 (2005), Ginnings v. State (Mo. 1974) 506 S.W.2d 422; New Hampshire RSA 630:1, 630:1-b [at least reckless] (2004); Ohio ORC Ann. 2903.01(b) (2005) [at least reckless]; Or.Rev.Stats. § 163.095 (2003); Commonwealth v. Rollins (Pa. 1999) 738 A.2d 435; Tex. Pen. Code § 19.03 (2004); Utah Code Ann.§ 18.2-31 (2005); Rev. Code Wash. § 10.95.020 (2005). 300 P.3d 606.
Filed March 23, 2009
But more than 20 years have passed since Tison. As noted above, in Kennedy the high court appears to have raised the death-eligibility bar to intentional murder, which 6(...continued) 638, 665 as examples .. 7 See Shatz, supra, at p. 770, fn. 252, citing Ohio Rev. Code Ann. § 2903.01(D) (West 2007); Tex. Penal Code Ann. § 19.03(a)(2) (Vernon 2007) as examples. -8- is wholly consistent with its emphasis on the need to restrain the reach of the ultimate penalty.
Filed December 17, 2012
The State was not required to show beyond a reasonable doubt that Prible killed the children with the required intent. See Tex. Pen. Code § 19.03 (West 2012). And in state proceedings, the question was not whether the prosecution at trial met the required burden.