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Texas judge reconsidering declaration that state's death penalty is unconstitutional

By Douglas A. Berman

This new AP piece, which is headlined "Texas judge rescinds anti-death penalty ruling," provides the latest news concerning a Texas capital case that has cause quite a stir after a notable ruling by a state judge last week.  Here are the details: A Texas judge criticized for declaring the death penalty unconstitutional took back his controversial ruling Tuesday but scheduled a hearing for next month to hear evidence on the issue. State District Judge Kevin Fine said he wants more information before making a final decision about whether the state's death penalty statute allows for the possible execution of an innocent person. Fine is a judge in Harris County, which sends more inmates to death row than any other county in the nation. During a court hearing Tuesday, Fine rescinded the ruling he made last week in granting a pretrial motion in the capital murder case of John Edward Green Jr...continue to full post

Full post as published by Sentencing Law and Policy on March 10, 2010 (boomark / email).