Roger McGowen v. Rick Thaler, Director

OWEN, Circuit Judge:

Petitioner Roger McGowen was convicted of capital murder in a Texas state court and sentenced to death. He seeks federal habeas corpus relief from his conviction and death sentence on several grounds. The district court held that, under Penry v. Lynaugh 1 and its progeny, McGowen was entitled to habeas relief with respect to his sentence because the punishment phase jury instructions failed to provide an avenue to give effect to mitigating evidence. The district court denied habeas relief as well as certificates of appealability with respect to all of his other claims. The…