882 F.2d 141 - Penry v. Lynaugh — 882 F.2d 141

How this case has been cited

Cited by 50 later decisions — most recently April 2007 · most notably United States v. Gordon (1990), United States v. Mondello (1991)

46 federal appellate ·

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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.*

PER CURIAM:

¶1

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).

¶2

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.

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