Jesus Romero, Cross-Appellant v. James A. Lynaugh, Director, Texas Department of Corrections, Cross-Appellee
Court of Appeals for the Fifth Circuit
1Opinion of the Court
PATRICK E. HIGGINBOTHAM, Circuit Judge:
In this death penalty case, the State of Texas appeals from the grant of Jesus Romero’s application for writ of habeas corpus. The United States District Court for the Southern District of Texas concluded that Romero’s lawyer so abbreviated the closing argument and otherwise failed to offer mitigating circumstances in the sentencing phase of the trial that he failed to render constitutionally required assistance. The court ordered the death sentence commuted to life, persuaded that the ordered relief was within the broad remedial power of a federal court…
2Cases cited6 opinions
- Strickland v. WashingtonSupreme Court of the United States · 1984
- Witherspoon v. IllinoisSupreme Court of the United States · 1968
- Wainwright v. WittSupreme Court of the United States · 1985
- Walter Bell, Jr. v. James A. Lynaugh, Director, Texas Department of Corrections, RespondentCourt of Appeals for the Fifth Circuit · 1987
- Romero v. StateCourt of Criminal Appeals of Texas · 1986
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3Cited by64 opinions
- Eurus Kelly Waters v. Albert G. Thomas, Warden Georgia Diagnostic and Classification CenterCourt of Appeals for the Eleventh Circuit · 1995
- State v. MarshallSupreme Court of New Jersey · 1991
- People v. RodriguezSupreme Court of Colorado · 1996
- Ex Parte KunkleCourt of Criminal Appeals of Texas · 1993
- Marshall v. HendricksCourt of Appeals for the Third Circuit · 2002
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