Court of Criminal Appeals of Texas
Ex Parte Michael Goodman
July 3, 1991816 S.W.2d 383
Summary
The Court of Criminal Appeals of Texas granted the applicant's habeas corpus petition, holding that the capital sentencing procedure violated the Eighth and Fourteenth Amendments because the jury was unable to consider mitigating evidence beyond the special issues, and that the claim is cognizable despite not being raised on direct appeal. The trial judgment was vacated and the case remanded for a new indictment. Justice Clinton filed a concurring opinion emphasizing the availability of collateral attacks under Article 11.07 and the applicability of the Chambers test to Penry claims.