Attorney(s) appearing for the Case
Curtis C. Mason argued the cause and filed briefs for petitioner.
Charles A. Palmer, Assistant Attorney General of Texas, argued the cause for respondent. With him on the briefs were Jim Mattox, Attorney General, Mary F. Keller, First Assistant Attorney General, Lou McCreary, Executive Assistant Attorney General, and Michael P. Hodge and William C. Zapalac, Assistant Attorneys General.*
Supreme Court of United States.
JUSTICE O'CONNOR delivered the opinion of the Court, except as to Part IV-C.
In this case, we must decide whether petitioner, Johnny Paul Penry, was sentenced to death in violation of the Eighth Amendment because the jury was not instructed that it could consider and give effect to his mitigating evidence in imposing its sentence. We must also decide whether the Eighth Amendment categorically prohibits Penry's execution because he is mentally retarded.
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