EX PARTE SMITH

No. AP-76,035.

309 S.W.3d 53 (2010)

Ex parte Roy Gene SMITH, Applicant.

Court of Criminal Appeals of Texas.

April 28, 2010.


Attorney(s) appearing for the Case

Robert C. Owen, Austin, for Appellant.

Jack Roady, Asst. District Atty., Houston, Jeffrey L. VanHorn, State's Attorney, Austin, for State.


WOMACK, J., delivered the opinion of the unanimous Court.

This is a subsequent post-conviction application for writ of habeas corpus. The applicant claims that he is entitled to relief from his death sentence "because he presented significant mitigating evidence related to his moral culpability and the appropriateness of a death sentence that could not be given full effect by the sentencing jury." We find that the trial court erred by not providing the jury a constitutionally...

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