(DOWNLOAD) "Graham v. Collins" by United States Court of Appeals for the Fifth Circuit ~ Book PDF Kindle ePub Free
eBook details
- Title: Graham v. Collins
- Author : United States Court of Appeals for the Fifth Circuit
- Release Date : January 03, 1992
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 90 KB
Description
GARWOOD, Circuit Judge: A panel of this Court previously affirmed the district court's denial of Gary Graham's habeas corpus petition challenging his Texas capital murder conviction and death sentence. Graham v. Lynaugh, 854 F.2d 715 (5th Cir.1988). Thereafter, the United States Supreme Court, in Graham v. Lynaugh, 492 U.S. 915, 109 S. Ct. 3237, 106 L. Ed. 2d 585 (1989), issued a per curiam order that granted Graham's petition for writ of certiorari, vacated the judgment of this Court, and remanded the case to this Court ""for further consideration in light of Penry v. Lynaugh, "" 492 U.S. 302, 109 S. Ct. 2934, 106 L. Ed. 2d 256 (1989). Pursuant to that remand order, a panel of this Court reconsidered the case, and, by a divided vote, vacated Graham's death sentence, the panel majority determining that the Texas capital sentencing system was unconstitutionally applied in Graham's case because the jury at the sentencing phase of his trial, having been given no special instructions, was not able to adequately consider and give effect to Graham's youth as a mitigating factor. Graham v. Collins, 896 F.2d 893 (5th Cir.1990). Having ordered rehearing en banc, id. 903 F.2d 1014 (5th Cir.1990), we have again reconsidered the case in light of Penry and, disagreeing with the panel majority's determination in this respect, we now reinstate our former affirmance of the district court's denial of habeas relief.