Michael Norris v. Lorie Davis, Director

JENNIFER WALKER ELROD, Circuit Judge:

The district court granted habeas corpus relief to Petitioner Michael Wayne Norris, a Texas death-row inmate, based on its finding that the jury instructions at.the sentencing phase of Norris’s trial violated his Eighth and Fourteenth Amendment rights under Penry v. Lynaugh, 492 U.S. 302, 109 S.Ct. 2934, 106 L.Ed.2d 256 (1989), by not allowing the jury to give full effect to Norris’s mitigating evidence. The state, through its Director, appeals the district court’s grant of habeas relief, and Norris moves for a certificate of appeala-bility to appeal the…