CALDWELL v. JOHNSON

No. 00-10934.

226 F.3d 367 (2000)

Jeffrey Henry CALDWELL, Petitioner-Appellant, v. Gary L. JOHNSON, Director, Texas Department of Criminal Justice, Institutional Division, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

August 30, 2000.


Attorney(s) appearing for the Case

Peter Alan MacMillan, Rondoni, MacMillan & Schneider, Minneapolis, MN, Nancy R. Vanderheider, Vanderheider Law Office, White Bear Lake, MN, for Petitioner-Appellant.

Tommy Lee Skaggs, Asst. Atty. Gen., Austin, TX, for Respondent-Appellee.

Before HIGGINBOTHAM, WIENER and BARKSDALE, Circuit Judges.


PATRICK E. HIGGINBOTHAM, Circuit Judge:

Today we examine Texas's response to the decision of the Supreme Court1 that the Constitution forbids the execution of an insane person. Securing this "right" turns the focus from validity of conviction and sentence with its search for historical fact to an inquiry into the present mental state of an accused, more precisely his present mental state, and at a point of time in the near future. This...

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