United States Fifth Circuit

In a capital murder appeal, instructions precluded the jury from giving effect to mitigating evidence of mental retardation and childhood abuse under Penry v. Johnson, 532 U.S. 782, thus habeas relief was proper.

Appellate Information

• Decided 07/16/2002
• Published 07/16/2002

Judges

• W. EUGENE DAVIS, Circuit Judge:, Before DAVIS, EMILIO M. GARZA and STEWART, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellees:
  
• David Patrick Sheldon (argued), Barracks Row, Washington, DC, for Petitioner-Appellee., Tomee Morgan Carden Crocker (argued), Office of the Attorney General, Austin, TX, for Respondent-Appellant.