PENRY v. STATE

No. AP-74445.

178 S.W.3d 782 (2005)

Johnny Paul PENRY, Appellant, v. The STATE of Texas.

Court of Criminal Appeals of Texas.

Rehearing Denied December 14, 2005.


Attorney(s) appearing for the Case

Gary A. Taylor, Austin, for Appellant.

William Lee Hon, Asst. Criminal District Atty., Livingston, Matthew Paul, State's Atty., Austin, for State of Texas.


OPINION

PRICE, J., delivered the opinion of the Court, in which MEYERS, WOMACK, JOHNSON, and HOLCOMB, JJ., joined.

The appellant was convicted of capital murder. His sentence was reversed twice by the United States Supreme Court because the jury instructions failed to provide an adequate vehicle to give effect to the appellant's evidence of mental retardation. During the most recent retrial, the trial court submitted instructions and a mitigation...

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