Legal Opinion

Randy Dale Mayo v. James A. Lynaugh, Director, Texas Department of Corrections

Court of Appeals for the Fifth Circuit

Decided January 23, 1990No. 89-1127PublishedCited by 35 opinions

1Opinion of the Court

ON PETITION FOR REHEARING

ALVIN B. RUBIN, Circuit Judge:

Randy Dale Mayo, a Texas state prisoner sentenced to death by lethal injection, requests rehearing by this panel of his claim that the jury was unconstitutionally prevented from considering all of the mitigating evidence he presented at the sentencing phase of his trial, in violation of Franklin v. Lynaugh 1 and Penry v. Lynaugh, 2 Mayo argues that, contrary to this panel’s conclusion in initially denying rehearing, he did not procedurally default his Penry claim because the state itself had waived the procedural default argument. For the…

2Cases cited29 opinions

  1. Batson v. KentuckySupreme Court of the United States · 1986
  2. Teague v. LaneSupreme Court of the United States · 1989
  3. Engle v. IsaacSupreme Court of the United States · 1982
  4. Harris v. ReedSupreme Court of the United States · 1989
  5. Penry v. LynaughSupreme Court of the United States · 1989

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3Cited by35 opinions

  1. West v. JohnsonCourt of Appeals for the Fifth Circuit · 1996
  2. Amos v. ScottCourt of Appeals for the Fifth Circuit · 1995
  3. Kenneth Wayne Magouirk v. Michael Phillips, Warden, Winn Correctional Center and Richard P. Ieyoub, Attorney General, State of LouisianaCourt of Appeals for the Fifth Circuit · 1998
  4. Richard James Wilkerson v. James A. Collins, Director, Texas Department of Criminal Justice, Institutional DivisionCourt of Appeals for the Fifth Circuit · 1992
  5. Motley v. CollinsCourt of Appeals for the Fifth Circuit · 1994

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