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Texas state judge schedules hearing on whether there is real risk of executing the innocent

By Douglas A. Berman

This local story from Texas, headlined "Texas judge to hold hearing on death penalty law," reports that a state judge has scheduled a hearing for this fall that could quickly become a focal point for debate over wrongful convictions in capital cases. Here are the basics: Texas' use of capital punishment will undergo legal scrutiny this fall as a judge on Friday scheduled a hearing to listen to evidence on whether there's a substantial risk the state's death penalty law allows for the possible execution of an innocent person. State District Judge Kevin Fine set the hearing for Nov. 8 as part of a pretrial motion in which two defense attorneys for a Houston man facing a possible death sentence asked that Texas' death penalty statute be declared unconstitutional...continue to full post

Full post as published by Sentencing Law and Policy on June 26, 2010 (boomark / email).