http://www.mysanantonio.com/sharedcontent/APStories/stories/D873N1F00.htmlWhile Texas remained the nation's most active state carrying out the death penalty, the state's total was down from a year ago and about average for the past decade. Texas' overall total grew to 336 since executions resumed in 1982.
I think there's a national trend toward greater scrutiny of the death penalty," said Jordan Steiker, a University of Texas Law School professor. "One thing that obviously affects both juries and prosecutors is an increasing sensibility that the Supreme Court is looking over their shoulder at the American death penalty."
Early this year, the Supreme Court overturned two Texas death sentences — for LaRoyce Lathair Smith and Robert Tennard — because jurors were not told of the defendants' learning disabilities. The court also lifted the death sentence of Delma Banks, condemned nearly 25 years ago, and criticized Texas officials and lower courts, saying prosecutors hid crucial information that might have helped Banks' case.
At the state court level, the Texas Court of Criminal Appeals, considered by capital punishment opponents a rubber stamp for death sentences, ordered three men removed from death row because the prisoners are mentally retarded and ineligible for execution under a recent Supreme Court ruling. At least nine executions already are scheduled for 2005, including four in January.