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Texas CCA grants relief on Penry grounds

By Karl R. Keys, Esq.

The Texas Court of Criminal Appeals on Wednesday in Ex parte Gene Wilford Hathorn, Jr., No. AP?75,917, granted relief.  The Court held that on the facts presented that Mr. Hathorn is entitled relief under Penry as the jury was not provided a vehicle to give effect to Appellant’s proffered mitigation evidence.  For Texas practitioners there is also a discussion of that state’s procedural default rules and why the Court did not apply those rules to Mr. Hathorn’s petition. The CCA also released its opinion in respect to the stay issued in Ex parte Jose Briseno, No. BODY,.aolmailheader {font-size:10pt; color:black; font-family:Arial;} a.aolmailheader:link {color:blue; text-decoration:underline; font-weight:normal;} a.aolmailheader:visited {color:magenta; text-decoration:underline; font-weight:normal;} a...continue to full post

Full post as published by Capital Defense Weekly on April 08, 2009 (boomark / email).