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

(c) The trial court committed reversible error by refusing to instruct the jury to
disregard Soffar’s putative confession if it found that intoxication rendered his
confession involuntary. ............................................................................................... 113
(d) The trial court committed reversible error by refusing to instruct the jury to
disregard Appellant’s confession if it was the fruit of an illegal police threat. ..... 114
(e) The trial court committed reversible error by refusing to instruct the jury not to
hold against Appellant any delay in prosecuting this case. ..................................... 115
(f) The trial court committed reversible error by refusing to instruct the jury that it
could draw an adverse inference against the State if its explanation for losing
important evidence was inadequate. ......................................................................... 115
(g) The trial court denied Max Soffar his constitutional right to avoid ex post facto
punishment by refusing to instruct the jury on the more demanding standard of
proof for circumstantial evidence applicable at the time of the crime. .................. 116
Appellant’s Fourteenth Point of Error ..................................................................... 118
(a) The court deprived Appellant of his Eighth and Fourteenth Amendment rights to
present relevant mitigating evidence under a residual doubt theory by precluding
evidence that Paul Reid was responsible for the Fairlanes robbery murders. ...... 120
(b) The court deprived Appellant of his rights under Texas law to present mitigating
evidence under a residual doubt theory by precluding evidence that Paul Reid was
responsible for the Fairlanes robbery murders. ...................................................... 122
(c) The court deprived Appellant of his constitutional rights to present powerful
mitigating evidence when it precluded the introduction of sworn affidavits from
witnesses who had died since the first trial. ............................................................. 123
(d) The court deprived Appellant of his constitutional right to present relevant
mitigating and rebuttal evidence when it repeatedly precluded such evidence. ... 124
Appellant’s Fifteenth Point of Error .......................................................................... 127
The trial court violated Appellant’s constitutional and statutory rights by allowing
victim impact evidence related to a victim not named in the indictment. .............. 127
Appellant’s Sixteenth Point of Error ........................................................................ 128
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