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: Capital Defense Weekly

weekly update

By cdw

The intro from the weekly update: Leading off this edition, the Texas Court of Criminal Appeals on Wednesday in Ex parte Gene Wilford Ha thorn, Jr. granted penalty phase relief.  The Court held that on the facts presented that Mr. Hathorn is entitled relief under Penry as the jury was not provided a vehicle to give effect to Appellant’s proffered mitigation evidence.  For Texas practitioners there is also a discussion of that state’s procedural default rules and why the Court did not apply those rules to Mr. Hathorn’s petition. The CCA Wednesday also released its opinion in respect to the stay issued in Ex parte Jose Briseno.  The opinion notes the Briseno Court issued the stay to permit it to address issues similar those addressed  in Hathorn, as well as Ex part Hood, and Penry, as well as questions concerning procedural default...continue to full post

Full post as published by Capital Defense Weekly on April 13, 2009 (boomark / email).