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A good week gets better

By Karl R. Keys, Esq.

Two favorable decision out of Texas, one on Penry & one on Atkins. These opinions make the fourth & fifth opinions spotted so far this week, with Florida & Pennsylvania believed likely to weigh in Thursday Ex Parte Mark Roberston, No. AP-74,720 (Tex. Crim. App. 03/12/2008) (unpublished) “The convicting court found that applicant presented mitigating evidence, for which under Penry I there had to be an adequate means for the jury to consider beyond the limits of the special issues, that applicant had requested such a means, and that when presented with the nullification instruction, applicant objected that it still did not give the jury a proper means to consider his mitigating evidence. Based on our review of the record, we adopt those findings and agree that relief should be granted...continue to full post

Full post as published by Capital Defense Weekly on March 12, 2008 (boomark / email).