Court of Criminal Appeals of Texas

On its own initiative, the court reconsiders a habeas claim in a capital murder case, grants relief and vacates the punishment portion of the judgment where: 1) the evidence that the applicant proffered at the punishment phase with respect to his troubled childhood could not be given meaningful effect within the context of the statutory special issues; and 2) the trial court erred in failing to give a separate jury instruction that would empower the jury to assess a life sentence on the basis of such mitigating evidence, notwithstanding its answers to the special issues.

Appellate Information

• Decided 02/06/2008
• Published 02/06/2008

Judges

Court

• Court of Criminal Appeals of Texas

Counsel