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Johnny Paul Penry v. James A. Lynaugh, Interim Director, Texas Department of Corrections

Citations: 882 F.2d 141; 1989 U.S. App. LEXIS 13013; 1989 WL 90692Docket: 87-2466

Court: Court of Appeals for the Fifth Circuit; August 15, 1989; Federal Appellate Court

Narrative Opinion Summary

The United States Court of Appeals for the Fifth Circuit addressed the case of Johnny Paul Penry against James A. Lynaugh, concerning Penry's sentencing following the Supreme Court's intervention. The Supreme Court determined that the jury lacked the means to consider mitigating evidence related to Penry's mental retardation and troubled upbringing during the sentencing phase. Consequently, the Court ordered a resentencing for Penry. As a result, the Fifth Circuit reversed the district court's prior judgment that had denied Penry's request for a writ and remanded the case for the district court to issue an order in compliance with the Supreme Court's directive. The panel included Circuit Judges Reavley and Garwood, and the decision acts as a quorum similar to the original judgment.

Legal Issues Addressed

Authority of Panel Acting as Quorum

Application: The panel, consisting of Circuit Judges Reavley and Garwood, issued the decision as a quorum, thereby maintaining the authority of the original judgment.

Reasoning: The panel included Circuit Judges Reavley and Garwood, and the decision acts as a quorum similar to the original judgment.

Consideration of Mitigating Evidence in Capital Sentencing

Application: The court applied the principle that a jury must be able to consider mitigating evidence, such as mental retardation and a troubled upbringing, during the sentencing phase of a capital case.

Reasoning: The Supreme Court determined that the jury lacked the means to consider mitigating evidence related to Penry's mental retardation and troubled upbringing during the sentencing phase.

Remand for Resentencing in Light of Supreme Court Mandate

Application: Following the Supreme Court’s directive, the appellate court reversed the district court’s judgment and remanded the case for proceedings consistent with the higher court’s order.

Reasoning: Consequently, the Court ordered a resentencing for Penry. As a result, the Fifth Circuit reversed the district court's prior judgment that had denied Penry's request for a writ and remanded the case for the district court to issue an order in compliance with the Supreme Court's directive.