The state seeks the issuance of a writ of mandamus to require the submission of the "intent to promote or assist" theory of the law of parties and to require the submission of the "conspiracy" theory of the law of parties without any manner-and-means restriction. The state need not prove that the defendant should have anticipated the particular method by which a murder was committed to show liability under §7.02(b) in a capital-murder case. The writ is conditionally granted. Court of Criminal Appeals, No. AP-76,953, 01-16-2013.
In Re: State of Texas Ex Rel. David P. Weeks
Tex. Crim. App.
January 18, 2013
This article requires premium access
This article requires premium access to Texas Lawyer. Please sign in or subscribe to read the full text.