NO. AP-75,363 IN THE COURT OF CRIMINAL APPEALS OF TEXAS ...

utilize the detailed statements of the only surviving victim, Greg Garner, to cast doubt on
the only piece of evidence pointing to Max Soffar’s guilt, his putative confession after
three days in custody without an attorney. Id. at 475-76.
After the case returned to the District Court, an evidentiary hearing on the defense’s
motion to suppress Max Soffar’s putative statements and physical evidence was held on
October 19, 20, 21, and 24, 2005. (4 RR 19 - 7 RR 184). The trial court denied the
motion in a written order setting forth its findings of facts and conclusions of law. (8 CR
2140-44). An evidentiary hearing on the defense’s motion to dismiss the indictment due
to lost evidence was held on October 21 and 24, 2005. (6 RR 45-91; 7 RR 6-25). The
motion was denied on December 1, 2005. (9 RR 19). An evidentiary hearing concerning
the exclusion of people of Hispanic origin and women in grand jury selection was held on
October 24, 2005. (7 RR 129-158). The motion was denied the same day. (7 RR 158).
On October 20, 21, 24, 25, and December 1 and 19, 2005, the court also addressed various
defense motions for which no evidentiary hearings were held. See generally (5-10 RR).
Jury selection commenced on January 6, 2006, (11 RR 3), and the jury was sworn
on February 6, 2006. (26 RR 6). The trial commenced on February 6, 2006, id., and
Appellant was found guilty as charged on February 22, 2006. (36 RR 4). The sentencing
phase commenced the same day as the guilt- phase verdict. (36 RR 6). The court
presented four special issues to the jury. On March 2, 2006, the jury answered special
issue No. 1, the "deliberateness" issue, "Yes." (14 CR 4160). It answered special issue No.
2, the causation/intent issue required for parties liability, “Yes.” (14 CR 4162). It also
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