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Pigs fly in the Fifth Circuit

By Karl R. Keys, Esq.

The Fifth Circuit today granted relief in Charles Mine v. Quarterman as the Texas special issues sentencing scheme precluded the jury from giving effect to Mines?s mitigating evidence of mental illness in light of Penry and its progeny.  The unpublished order effectively means that Mine will have to be resentenced. Other than for the parties involved & the fact it is the Fifth Circuit granting relief, the opinion is unremarkable. There was a second issue that the panel addressed on Dr. “Death” Grigson’s testimony on the condemned’s invocation of his right to remain silent.  The panel finds the error, if any, was harmless. I should note that the Texas Court of Criminal Appeals denied habeas corpus relief today in Ex parte Derrick Dewayne Charles...continue to full post

Full post as published by Capital Defense Weekly on February 27, 2008 (boomark / email).