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Fifth Circuit Allows Appeal in Gongora Case

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"Court allows condemned Fort Worth gang leader to appeal," is the AP report in today's Fort Worth Star-Telegram.A federal appeals court is allowing a former Fort Worth street gang leader to move forward with an appeal that contends prosecutors made improper comments in their closing arguments to a jury that convicted him of capital murder and then sentenced him to death.The 5th U.S. Circuit Court of Appeals also said in a ruling that death row inmate Nelson Gongora may pursue an appeal that contends the jury improperly voted to condemn him because one of the questions they considered in their deliberations was faulty.Gongora, 29, was tried in Tarrant County in 2003, two years after Delfino Sierra, a Dallas father of four, was gunned down during an attempted robbery outside a party he was attending...continue to full post

Full post as published by StandDown Texas Project on October 24, 2008 (boomark / email).