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Relief grant, Texas

By cdw

The Texas Court of Criminal Appeals in Ex Parte Roy Gene Smith, AP-76,035, granted relief on Penry error: the trial court was required to provide a constitutionally adequate vehicle for the jury to fully consider and give effect to [the proffered mitigation evidence. The trial court?s failure to do so ?[went] to the very basis of the case? and ?vitally affected [the applicant?s] defensive theory? at the punishment phase, because the jury had no adequate means to act upon the applicant?s mitigation theory, such as it was.

Full post as published by Capital Defense Weekly on April 29, 2010 (boomark / email).