PENRY
v.
JOHNSON, DIRECTOR, TEXAS DEPARTMENT OF CRIMINAL JUSTICE, INSTITUTIONAL DIVISION
United States Supreme Court.https://leagle.com/images/logo.png
Argued March 27, 2001.
Decided June 4, 2001.
Attorney(s) appearing for the Case
Robert S. Smith argued the cause for petitioner. With him on the briefs were Julia Tarver and John E. Wright.
Andy Taylor, First Assistant Attorney General of Texas, argued the cause for respondent. With him on the brief were John Cornyn, Attorney General, Gregory S. Coleman, Solicitor General, Michael T. McCaul, Deputy Attorney General, Edward L. Marshall, Senior Assistant Attorney General, and Gena Blount Bunn and Tommy L. Skaggs, Assistant Attorneys General.
Gene C. Schaerr argued the cause for the State of Alabama as amicus curiae urging affirmance. With him on the brief were Bill Pryor, Attorney General, J. Clayton Crenshaw, Assistant Attorney General, Carter G. Phillips, and Rebecca K. Smith.*
O'Connor, J., delivered the opinion of the Court, Parts I, II, and III—A of which were unanimous, and Part III—B of which was joined by Stevens, Kennedy, Souter, Ginsburg, and Breyer, JJ. Thomas, J., filed an opinion concurring in part and dissenting in part, in which Rehnquist, C. J., and Scalia, J., joined, p. 804.
United States Supreme Court.
Justice O'Connor, delivered the opinion of the Court.
In 1989, we held that Johnny Paul Penry had been sentenced to death in violation of the Eighth Amendment because his jury had not been adequately instructed with respect to mitigating evidence. See Penry v. Lynaugh,492 U.S. 302 (1989) (Penry I). The State of Texas retried Penry in 1990, and that jury also found him...
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