Anyone have a boiler plate response they wouldn't mind sharing to counter the argument by the Defense that automatic life in a capital murder case (with death penalty already off the table) is unconstitutional? Defense's argument is that they are prevented from providing the jury with mitigating evidence as the sentence is automatic. I'm in neck deep in trial prep for this Capital I'd rather not reinvent the wheel if someone else has something I can use.
Thanks for any thoughts.
Harmelin v. Michigan, 501 U.S. 957, 994-995 (1991)
Buhl v. State, 960 S.W.2d 927, 935 (Tex. App.—Waco 1998, pet. ref'd)
Laird v. State, 933 S.W.2d 707, 714-15 (Tex. App.—Houston [14th Dist.] 1996 (pet. ref'd)
Prater v. State, 903 S.W.2d 57, 59-60 (Tex. App.—Fort Worth 1995, no pet.)
Moore v. State, 54 S.W.3d 529, 544 (Tex. App.—Fort Worth 2001, pet. ref'd)
Duran v. State, 363 S.W.3d 719, 720-724 (Tex. App.—Houston [1st Dist.] 2011, pet. ref’d)
Lewis v. State, 448 S.W.3d 138, 147 (Tex. App.—Houston [14th Dist.] 2014, pet. ref’d)
Williams v. State, 10 S.W.3d 370, 372-373 (Tex. App.—Tyler 1999, pet. ref’d)
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