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Pigs fly: Texas CCA grants relief

By Karl R. Keys, Esq.

The CCA in Ex Parte Carl Buntion, NO. AP-76,236,  granted relief in light of Penry II issues.  Specifically: The nullification instruction given to applicant?s jury was not a sufficient vehicle to allow jurors to give meaningful effect to the mitigating evidence presented by applicant. Because the mitigating evidence presented at applicant?s trial is the type of evidence for which he was entitled to a separate vehicle for consideration, we remand the case to the trial court for a new punishment hearing.

Full post as published by Capital Defense Weekly on September 30, 2009 (boomark / email).