Johnny Paul Penry v. James A. Lynaugh, Interim Director, Texas Department of Corrections , 882 F.2d 141 ( 1989 )

882 F.2d 141

Johnny Paul PENRY, Petitioner-Appellant,
v.
James A. LYNAUGH, Interim Director, Texas Department of
Corrections, Respondent-Appellee.

No. 87-2466.

United States Court of Appeals,
Fifth Circuit.

Aug. 15, 1989.

Curtis C. Mason, Staff Counsel for Inmates, Texas Dept. of Corr., Huntsville, Tex., for petitioner-appellant.

Paula C. Offenhauser, Asst. Atty. Gen., Austin, Tex., for respondent-appellee.

Appeals from the United States District Court for the Eastern District of Texas; William M. Steger, Judge.

ON REMAND FROM THE SUPREME COURT OF THE UNITED STATES

Before REAVLEY and GARWOOD, Circuit Judges.*

PER CURIAM:

1

The Supreme Court has concluded that the jury was not provided with a vehicle for responding to the mitigating evidence of Penry's mental retardation and abused background, and the Court has ordered that Penry be resentenced. Penry v. Lynaugh, --- U.S. ----, 109 S. Ct. 2934, 106 L. Ed. 2d 256 (1989).

2

Accordingly, the district court's judgment denying the writ is reversed, and the cause is remanded to that court for an order complying with the directions of the Supreme Court.

*

Acting as a panel quorum as in original decision at 832 F.2d 915