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Penry Vs. Lynaugh

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  • US Supreme Court
  • Jun 26, 1989

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77 entries 9 linked 68 unlinked
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  1. Teague Vs. Lane US Supreme Court · Feb 22, 1989
    Relied / Followed
  2. Gregg Vs. Georgia US Supreme Court · Jul 02, 1976
  3. Mccleskey Vs. Kemp US Supreme Court · Apr 22, 1987
  4. Solem Vs. Helm US Supreme Court · Jun 28, 1983
  5. Yates Vs. Aiken US Supreme Court · Jan 12, 1988
  6. Sandstrom Vs. Montana US Supreme Court · Jun 18, 1979
  7. Hitchcock Vs. Dugger US Supreme Court · Apr 22, 1987
  8. FranklIn Vs. Lynaugh US Supreme Court · Jun 22, 1988
  9. Trop Vs. Dulles US Supreme Court · Mar 31, 1958
  10. U.S. 302 (1989) U.S. Supreme Court Penry v. Lynaugh
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  11. U.S. 302 (1989) Penry v. Lynaugh
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  12. which, under Teague v. Lane
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  13. existed at the time the defendant's conviction became final. Id. at 489 U. S. 301 . Here, since Lockett v. Ohio
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  14. U. S. 586 , and Eddings v. Oklahoma
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  15. Court denied his certiorari petition on direct review, he is entitled to the benefit of those decisions under Griffith v. Kentucky
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  16. U. S. 314 . The rule that petitioner seeks does not impose a new obligation on Texas, because Jurek v. Texas
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  17. penalty based on petitioner's mitigating evidence would allow it the sort of unbridled discretion prohibited by Furman v. Georgia
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  18. U. S. 238 . As Gregg v. Georgia
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  19. a certain category of punishment for a class of defendants because of their status or offense. Cf., e.g., Ford v. Wainwright
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  20. as part of the legal definition of insanity, and since Ford v. Wainwright
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  21. sentenced to death. The Texas Court of Criminal Appeals affirmed his conviction and sentence on direct appeal. Penry v. State
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  22. of Penry's mental retardation. Id. at 654-655. This Court denied certiorari on direct review. Sub nom. Penry v. Texas
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  23. cruel and unusual punishment to execute a mentally retarded person such as himself. Id. at 918 (citing Brogdon v. Butler
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  24. Ibid. (quoting Sanders v. Page
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  25. United States, 373 U. S. 1 , 373 U. S. 25 (1963) (Harlan, J., dissenting)). See also Mackey v. United
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  26. supra, at 401 U. S. 695 (opinion concurring in judgments in part and dissenting in part) (quoting Desist v. United
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  27. States, 394 U. S. 244 , 394 U. S. 263 (1969) (Harlan, J., dissenting)). See generally Yates v. Aiken
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  28. U. S. 211 , 484 U. S. 216 -217 (1988) (concluding that Francis v. Franklin
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  29. merely an application of the principle that governed our decision in Sandstrom v. Montana
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  30. when this Court denied his petition for certiorari on direct review of his conviction and sentence. Sub nom. Penry v. Texas
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  31. supra. This Court's decisions in Lockett v. Ohio
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  32. U.S. Page 492 U. S. 315 586 (1978), and Eddings v. Oklahoma
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  33. were rendered before his conviction became final. Under the retroactivity principles adopted in Griffith v. Kentucky
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  34. facial validity of the Texas death penalty statute, which was upheld against an Eighth Amendment challenge in Jurek v. Texas
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  35. mitigating evidence can be fully considered by the sentencer in the absence of special jury instructions. See Franklin v. Lynaugh
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  36. Amendment, however, the sentencer must be allowed to consider mitigating evidence. Ibid. Indeed, as Woodson v. North
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  37. the Eighth Amendment mandates an individualized assessment of the appropriateness of the death penalty. In Lockett v. Ohio
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  38. noted that neither the Texas statute upheld in 1976 nor the statutes that had survived facial challenges in Gregg v. Georgia
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  39. U. S. 153 (1976), and Proffitt v. Florida
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  40. Lockett, supra, at 438 U. S. 607 . Cf. Hitchcock v. Dugger
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  41. Godfrey Page 492 U. S. 318 v. Georgia
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  42. challenge to Georgia death penalty statute). In Eddings v. Oklahoma
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  43. California v. Brown
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  44. The sentencer must also be able to consider and give effect to that evidence in imposing sentence. Hitchcock v. Dugger
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  45. and that it could give mitigating effect to that evidence in imposing sentence. Like the petitioner in Franklin v. Lynaugh
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  46. as that term is commonly understood. California v. Brown
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  47. U.S. at 479 U. S. 545 (O'CONNOR, J., concurring). See also Skipper v. South
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  48. based on Penry's mitigating evidence, would be to return to the sort of unbridled discretion that led to Furman v. Georgia
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  49. Franklin, 487 U.S. at 487 U. S. 184 (O'CONNOR, J., concurring in judgment) (quoting California v. Brown
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  50. and would impose a new obligation on the States and the Federal Government. Ibid. (citing Ford v. Wainwight
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