Court of Criminal Appeals of Texas

Death row inmate's mitigation evidence was given proper effect by the two special issues provided to the jury. To make out a Penry violation, a defendant must first make a prima facie showing of a severe and permanent handicap, not of his own making, which is at least related to the commission of the capital offense, and second, that this disability evidence was effectively beyond the reach of the two special issues.

Appellate Information

• Decided 04/21/2004
• Published 04/21/2004

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• Court of Criminal Appeals of Texas

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