Burns v. Estelle

GEE, Circuit Judge:

As the Supreme Court has observed, Adams v. Texas, -U.S. -, -, 100 S.Ct 2521, 2525, n.2, 65 L.Ed.2d 581 (1980), we heard oral argument en banc in this matter on January 8, 1980, to reconsider the opinion and decision of our panel reported at 592 F.2d 1297 (5th Cir.). That opinion held, in summary, that section 12.31(b) of the Texas Penal Code, which disqualifies jurors unwilling to swear that a mandatory penalty of death or life imprisonment will not “affect” their deliberations on factual issues, lays down a disqualification standard impermissibly broader than the Court’s…