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Criminal Law

: Capital Defense Weekly

Ex Parte Gene Wilford Hathorn, Jr. from the Texas CCA

By Karl R. Keys, Esq.

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The Texas Court of Criminal Appeals in Ex Parte Gene Wilford Hathorn, Jr., No. AP-75,917, Wednesday ordered, after previously rejecting the issues at bar, further briefing. [more] The Court specifically ordered briefing on: 1. Did applicant object at trial that his jury was not given an adequate vehicle through which it could give effect to his mitigating evidence? Was any other objection specifically pertaining to mitigating evidence made when discussing the charge to be given the jury? 2. If no objection was made, does this make a difference regarding the resolution of applicant?s allegation? 3. Was the mitigating evidence presented at applicant?s trial the type of evidence for which applicant was entitled to a separate vehicle? 4...continue to full post

Full post as published by Capital Defense Weekly on May 16, 2008 (boomark / email).

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