Johnny Paul Penry v. James A. Lynaugh, Interim Director, Texas Department of Corrections
U.S. Court of Appeals for the Fifth Circuit
Johnny Paul Penry v. James A. Lynaugh, Interim Director, Texas Department of Corrections, 882 F.2d 141 (5th Cir. 1989)
1989 U.S. App. LEXIS 13013; 1989 WL 90692
Johnny Paul Penry v. James A. Lynaugh, Interim Director, Texas Department of Corrections
Opinion
ON REMAND FROM THE SUPREME COURT OF THE UNITED STATES
The Supreme Court has concluded that the jury was not provided with a vehicle for responding to the mitigating evidence of Penry’s mental retardation and abused background, and the Court has ordered that Penry be resentenced. Penry v. Lynaugh, — U.S.-, 109 S.Ct. 2934, 106 L.Ed.2d 256 (1989).
Accordingly, the district court’s judgment denying the writ is reversed, and the cause is remanded to that court for an order complying with the directions of the Supreme Court.
Reference
- Full Case Name
- Johnny Paul PENRY, Petitioner-Appellant, v. James A. LYNAUGH, Interim Director, Texas Department of Corrections, Respondent-Appellee
- Cited By
- 2 cases
- Status
- Published