Lackey v. Scott

holding that graphic post-mortem 14 photographs were relevant to establish the heinous, atrocious, or cruel aggravating circumstance | holding evidence of defendant's low intelligence and history of childhood abuse not relevant for Penry purposes where no evidence showing defendant’s criminal act attributable to same | holding evidence of defendant’s intoxication did not warrant Penry instruction | overruling point of error because appellant failed to object to testimony on his post-arrest silence | overruling point of error because appellant failed to object to testimony on his post-arrest silence | “While rule 1006 clearly contemplates the admission of summaries in certain instances, the rule in no way indicates that a prosecutor can summarize her case on legal paper and submit those documents to the trial court as ‘evidence.’ ”