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PENRY v. JOHNSON

No. 99-20868.

261 F.3d 541 (2001)

Johnny Paul PENRY, Petitioner-Appellant, v. Gary L. JOHNSON, Director, Texas Department of Criminal Justice, Institutional Division, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

August 14, 2001.

Attorney(s) appearing for the Case

John E. Wright, Huntsville, TX, Robert S. Smith, Paul, Weiss, Rifkind, Wharton & Garrison, New York City, for Petitioner-Appellant.

Douglas A. Danzeiser, Texas Dept. of Ins., Austin, TX, for Respondent-Appellee.

Malcolm Nathan Greenstein, Greenstein & Kolker, Austin, TX, Edward Fitzgerald, Rupert Skilbeck, London, WC, for Bar Human Rights Committee of England, Wales Amicus Capital Legal Assistance, Amici Curiae.

Stephen Andrew Yelenosky, Advocacy Inc., Austin, TX, Patricia G. Williams, Glendale, CA, for American Ass'n on Mental Retardation, Advocacy, Inc., ARC of the United States, ARC-California, ARC of Texas, The British Institute of Learning Disabilities, The International Ass'n for Scientific Study of Intellectual Disabilities, The Joseph P. Kennedy, Jr. Foundation and TASH, Amici Curiae.

Before DAVIS, EMILIO M. GARZA and DENNIS, Circuit Judges.

PER CURIAM:

In 1980, Johnny Paul Penry was convicted in Texas state court of the capital murder of Pamela Carpenter. He was sentenced to death. The United States Supreme Court vacated Penry's sentence because the jury had not been adequately instructed with respect to mitigating evidence. Penry v. Lynaugh, 492 U.S. 302, 109 S.Ct. 2934, 106 L.Ed.2d 256 (1989). The State of Texas retried Penry in 1990 and Penry was again convicted...

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