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Penry, v. Lynaugh

United States Court of Appeals, Fifth Circuit
Aug 15, 1989
882 F.2d 141 (5th Cir. 1989)

Opinion

No. 87-2466.

August 15, 1989.

Curtis C. Mason, Staff Counsel for Inmates, Texas Dept. of Corr., Huntsville, Tex., for petitioner-appellant.

Paula C. Offenhauser, Asst. Atty. Gen., Austin, Tex., for respondent-appellee.

Appeals from the United States District Court for the Eastern District of Texas; William M. Steger, Judge.

ON REMAND FROM THE SUPREME COURT OF THE UNITED STATES

Before REAVLEY and GARWOOD, Circuit Judges.

Acting as a panel quorum as in original decision at 832 F.2d 915.


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.


Summaries of

Penry, v. Lynaugh

United States Court of Appeals, Fifth Circuit
Aug 15, 1989
882 F.2d 141 (5th Cir. 1989)
Case details for

Penry, v. Lynaugh

Case Details

Full title:JOHNNY PAUL PENRY, PETITIONER-APPELLANT, v. JAMES A. LYNAUGH, INTERIM…

Court:United States Court of Appeals, Fifth Circuit

Date published: Aug 15, 1989

Citations

882 F.2d 141 (5th Cir. 1989)

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