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TENNARD v. DRETKE

No. 02-10038.

542 U.S. 274 (2004)

124 S.Ct. 2562

159 L.Ed.2d 384

TENNARD v. DRETKE, DIRECTOR, TEXAS DEPARTMENT OF CRIMINAL JUSTICE, CORRECTIONAL INSTITUTIONS DIVISION

Supreme Court of United States.

Decided June 24, 2004.

Attorney(s) appearing for the Case

Robert C. Owen argued the cause for petitioner. With him on the briefs were Jordan M. Steiker and Richard H. Burr.

Edward L. Marshall, Assistant Attorney General of Texas, argued the cause for respondent. With him on the brief were Greg Abbott, Attorney General, Barry R. McBee, First Assistant Attorney General, Don Clemmer, Acting Deputy Attorney General, and Gena Bunn and Tommy L. Skaggs, Assistant Attorneys General.*

JUSTICE O'CONNOR delivered the opinion of the Court.

In Penry v. Lynaugh, 492 U.S. 302 (1989) (Penry I), we held that the Texas capital sentencing scheme provided a constitutionally inadequate vehicle for jurors to consider and give effect to the mitigating evidence of mental retardation and childhood abuse the petitioner had presented. The petitioner in this case argues that the same scheme was inadequate for jurors...

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