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[DOWNLOAD] "Robertson v. Cockrell" by Fifth Circuit U.S. Court of Appeals * eBook PDF Kindle ePub Free

Robertson v. Cockrell

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eBook details

  • Title: Robertson v. Cockrell
  • Author : Fifth Circuit U.S. Court of Appeals
  • Release Date : January 14, 2003
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 92 KB

Description

In Penry v. Lynaugh, 492 U.S. 302 (1989) ("Penry I"), the United States Supreme Court held that the first two "special issue" interrogatories in the Texas capital sentencing instruction, though facially valid, see Jurek v. Texas, 428 U.S. 262 (1976), failed to satisfy the constitutional requirement that a capital defendant be entitled to present to his jury -- and have it give mitigating effect to -- proffered evidence of childhood abuse. Twelve years later, following Penrys second trial, conviction, and capital sentence, the Court held that the supplemental instruction given at sentencing failed to cure this defect. Penry v. Johnson, 532 U.S. 782 (2001) ("Penry II").


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