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 prior denial objectively unreasonable under Supreme Court precedent, vacated the punishment portion of the death sentence and remanded for a new punishment hearing; Justice Keller, concurring, emphasized the limited circumstances for such reconsideration.