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Low flying pigs: CCA grants relief

By Karl R. Keys, Esq.

The Texas Court of Criminal Appeals on its own motion granted penalty phase relief in Ex parte Moreno, No. 75,748 (Feb. 6., 2008). The Moreno Court grants relief in light of Penry error. Specifically, the CCA grants rehearing and vacates as the jury instructions used in the trial did not permit the jury to give adequate effect to Moreno’s troubled childhood within the framework of the Texas Special Question regime. Further, the trial court erred in failing to give a jury instruction that would have permitted the jury to impose a life sentence on the basis of the Defendant’s mitigation case alone. [original post modified for clarity]

Full post as published by Capital Defense Weekly on February 06, 2008 (boomark / email).