Ex Parte Jose Angel Moreno, Applicant

Summary

The Court reconsidered, on its own initiative, the applicant's Penry I claim that the jury was not empowered to consider mitigating evidence of a troubled childhood, found the original sentencing instruction unconstitutional under the Eighth Amendment, vacated the death sentence, and remanded for a new punishment hearing; Justice KELLER, P.J., filed a concurring opinion emphasizing the limited circumstances for such reconsideration.