United States Fifth Circuit

A trial court need not instruct a jury by special issue in order to consider mitigating evidence in a capital trial but may issue additional jury instructions instead.

Appellate Information

• Decided 12/04/2000
• Published 12/04/2000

Judges

• EDITH H. JONES, Circuit Judge:, Before KING, Chief Judge, and JOLLY, HIGGINBOTHAM, DAVIS, JONES, SMITH, WIENER,BARKSDALE, EMILIO M. GARZA, DeMOSS, BENAVIDES, STEWART, DENNIS and CLEMENT, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellant:
  
• Randy Schaffer (argued), The Schaffer Firm, Houston, TX, for Petitioner-Appellant.


• For Appellees:
  
• Edward Larry Marshall (argued), Austin, TX, for Respondent-Appellee.