United States Fifth Circuit

Plaintiff-inmate's sentence is vacated where the jury instructions given by the trial judge at the sentencing phase were unconstitutional since they impermissibly restricted the jury's consideration of the mitigating circumstances.

Appellate Information

• Decided 03/09/2005
• Published 03/09/2005

Judges

• CARL E. STEWART, Circuit Judge:, Before HIGGINBOTHAM, DeMOSS and STEWART, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellant:
  
• Danny D. Burns, Fort Worth, TX, for Bigby., Edward Larry Marshall, Austin, TX, for Dretke.