SCOTUS Decision Puts Many Texas Death Row Cases In Question

From the Chron:

WASHINGTON — In decisions that could mean the difference between life and death for dozens of Texas death row inmates, the Supreme Court on Wednesday rejected three Texas death sentences, ruling 5-4 that courts reviewing them failed to follow the high court’s guidance.

The rulings in the cases of LaRoyce Smith, Brent Brewer and Jalil Abdul-Kabir said the New Orleans-based U.S. 5th Circuit Court of Appeals and the Texas Court of Criminal Appeals incorrectly analyzed whether faulty jury instructions prevented Texas juries from considering mitigating evidence that might have persuaded them to spare the men from execution.

The instructions, which were meant to help jurors weigh evidence such as a defendant’s low intelligence, mental illness or childhood abuse, have not been used in Texas since 1991. But they were used during the trials of many current death row inmates.

The Texas Attorney General’s Office estimates the number of cases that could be affected by Wednesday’s ruling at close to 50, while defense attorneys say the number could total 70 or more.

This is quite the can of worms to open, to say the least. It should also send a message to voters in 2008 to remember that the justices of the Court of Criminal Appeals need to be ashcanned and that we need a president in office who will appoint appellate judges who will actually follow the law.

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