The legal issues presented in this case will be displayed here.

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

McCullough (D) was tried before a jury and convicted of murder. The jury sentenced D to 20 years in prison. A new trial was granted by the judge based on prosecutorial misconduct. The state put on its case and presented two witnesses who had not testified at the first trial, that D and not his accomplices had cut the throat of the victim. D was found guilty again and elected under Texas law wherein the judge decides his sentence. D was sentenced to 50 years and upon motion made findings of fact as to why the sentence was increased; basically, she relied upon new evidence not presented at the first trial, and that D had been released from prison only four months before the murder. The Texas Court of Appeals reversed and resentenced D to 20 years. The Supreme Court granted certiorari.

The court's holding and decision will be displayed here.

Legal analysis from Dean's Law Dictionary will be displayed here.