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Court of Criminal Appeals of Texas


Ex Parte Hathorn, AP-75917

Defendant's death sentence is remanded for a new penalty phase, where the Supreme Court decided Penry v. Lynaugh, 492 U.S. 302 (1989), after his sentence, and that case required the jury to consider mitigating circumstances evidence during the penalty phase.

Appellate Information

  • Decided 04/08/2009
  • Published 04/08/2009

Judges

Court

  • Court of Criminal Appeals of Texas

Counsel

  • For Appellant:
  • David K. Sergi, San Marcos, for Appellant., Steven M. Todd, District Atty. Pro Tem for Trinity County, Asst. Atty. Gen., Jeffrey L. Van Horn, State's Atty., Austin, for State.

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