Miller-El v. State

In Miller-El v. State, 782 S.W.2d 892, 894-95 (Tex. Crim. App. 1990), a non-capital case, this Court found that a doctor's testimony, which was exactly analogous to the nurse's testimony in this case, was both relevant and admissible at the punishment stage. In Miller-El, the doctor's testimony was summarized as follows: Dr. Harrison outlined for the jury the "special needs" that "a spinal chord sic patient, as we call them, ... will have ... related to their injury for the rest if their life." He testified that as a result of his paralysis, Hall will never regain bladder and bowel control. Nor will he ever recover sexual and procreative functions. He will be required to maintain a constant vigilance to prevent infection and bed sores. Recurring spasticity may ultimately deprive him even of the use of a wheelchair. 782 S.W.2d at 894. The Court held that evidence of the extent of a victim's physical injuries and future physical impairment is admissible as a circumstance of the offense "so long as a factfinder may rationally attribute moral culpability to the accused for the injury." Id. at 896.