Does Texas have a Triggerman rule, that is a law forbidding a defendant, who did not actively participate in the charged killing, from receiving the death penalty?

SCOTUS has interpreted the federal constitution to bar the execution of those who do not kill, attempt to kill, or intend to kill. Edmund v. Florida, 458 US 782 (82); but see Tison v. Arizona, 481 U.S 137 (1987) (greater participation). Maybe there is a a Texas case or statute saying this too, but federal law prevents anyone seeking the d/p against anyone who was not actively and significantly involved in the murder.

[This message was edited by John Stride on 05-12-06 at .]

The "extra" special issue in Article 37.071, Sec. 2(b)(2) is the closest we have to a "trigger man" rule and should comply with Enmund and Tison. There is a federal district court in Texas that has held that this issue does not comply with those Supreme Court cases. The AG's appealed that ruling, but I don't know the outcome.