United States Fifth Circuit

In a capital habeas matter, the district court's order requiring petitioner to be resentenced is affirmed where an additional instruction on mitigating evidence was required because: 1) under clearly established federal law, the future dangerousness special issue provided a meaningful basis for the jury to consider and give effect to petitioner's youth (he had just turned 18 at the time of the killing) and his good behavior in prison; and 2) petitioner's evidence of being led astray by older boys and being locked up for a significant period of time had mitigating relevance beyond the special issues and therefore required an additional instruction. Additionally, the district court's order denying all other relief is affirmed where the state habeas court was not unreasonable in determining that petitioner did not meet the Texas definition of a mentally retarded person.

Appellate Information

• Decided 04/19/2010
• Published 04/20/2010

Judges

• KING, Circuit Judge:, Before KING, DENNIS and OWEN, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellant:
  
• Paul Edward Mansur (argued) (Court-Appointed), Denver City, TX, David R. Dow (Court-Appointed), Texas Defender Serv., Houston, TX, for Pierce., Thomas Merrill Jones, Asst. Atty. Gen. (argued), Postconviction Lit. Div., Austin, TX, for Thaler.