This section contains the nature of the case and procedural background.

D was convicted of murdering a police officer in Bell County, Texas. A separate sentencing hearing was held and two questions were submitted to the jury; 1) Was the death committed deliberately and with reasonable expectation that the death of the deceased or another would result?; 2) Was there a probability that D would commit criminal acts of violence that would constitute a threat to society? The state introduced evidence of D's prior convictions and his reputation for lawlessness. Two psychiatrists testified that D would probably commit future acts of violence and the D was a continuing threat to society. The jury answered both questions in the affirmative and D was sentenced to death. D appealed.

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