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LAUTI v. JOHNSON

No. 96-20003.

102 F.3d 166 (1996)

Aua LAUTI, Petitioner-Appellee, v. Gary JOHNSON, Director, Texas Department of Criminal Justice, Institutional Division, Respondent-Appellant.

United States Court of Appeals, Fifth Circuit.

December 13, 1996.

Attorney(s) appearing for the Case

Ken J. McLean, Houston, TX, Roy G. Romo, Houston, TX, for petitioner-appellee.

Dana Emmert Parker, Assistant Attorney General, Margaret Portman Griffey, Office of the Attorney General for the State of Texas, Austin, TX, for respondent-appellant.

Before JOLLY, JONES and STEWART, Circuit Judges.

EDITH H. JONES, Circuit Judge:

The principal issue in this appeal is the same as that decided by a panel of the court only two months ago: whether a Texas jury instruction concerning intoxication, Tex.Penal Code § 8.04(b), unconstitutionally prevented the jury from considering that benumbed state as mitigating evidence even if it did not rise to the level of temporary insanity. As the court concluded in Drinkard v. Johnson, 97 F.3d 751...

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