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this week?s edition

By cdw

This week’s edition is now available: Leading off this edition is the Texas Court of Criminal Appeals? opinion in Ex parte Kenneth Wayne Thomas. The per curiam Thomas Court granted a new penalty phase trial in light of Penry and its progeny. ?Reviewing the case after remand, the record shows that the mitigating evidence presented by applicant is the sort of evidence that this Court has said is not encompassed within the previous statutory special issues. [Mr. Thomas] presented mitigating evidence at the punishment phase of trial tending to establish that he had limited intellectual ability, suffered from mental illness and brain damage, and had been victimized as a teenager in a violent assault.? ?The mitigating evidence presented at applicant’s trial is the type of evidence for which he was entitled to a separate vehicle for consideration...continue to full post

Full post as published by Capital Defense Weekly on September 07, 2010 (boomark / email).