Texas appeals court overturns killer's death sentence for third time

[Judi Lynn]

Texas appeals court overturns killer's death sentence for third time

By Jim Vertuno
ASSOCIATED PRESS

9:20 a.m. October 5, 2005

AUSTIN, Texas – A convicted killer whose case helped spark national debate over whether mentally impaired inmates should be executed had his death sentence overturned for the third time Wednesday.

A divided Texas Court of Criminal Appeals sent Johnny Paul Penry's case back to trial for the punishment phase. The court ruled that jurors in Penry's most recent trial may not have properly considered his claims of mental impairment.

Penry has won two reversals from the U.S. Supreme Court that changed the way judges instruct juries in capital murder cases.

The Supreme Court overturned his conviction in 1989 and, in 2001, overturned his sentence but left the conviction intact. Both times the high court reasoned the jury was not allowed to properly weigh Penry's alleged retardation.
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http://www.signonsandiego.com/news/nation/20051005-0920-deathsentenceoverturned.html

[mike_c]

1. oh, that's just texas eugenics in action....

eom

[Caution]

2. If this were true we wouldn't have dubya as president.

[mike_c]

3. good point....

eom

[Gronk Groks]

4. Not true...

...Dubya is rich. This guy is not.

Makes all the difference...

[Jack_DeLeon]

5. The guy deserves the death penalty...

the fucker knew what he was doing and he deserves to die.

How is it fair that murders can avoid the death penalty just because they claim they are retarded.