Foster v. Quarterman

RHESA HAWKINS BARKSDALE, Circuit Judge:

Kenneth Eugene Foster was convicted in Texas state court of capital murder during the course of a robbery in 1996 and sentenced to death. The district court granted conditional habeas relief on Foster’s claimed unconstitutional sentence under the Eighth Amendment, as construed in Enmund v. Florida, 458 U.S. 782, 797-800, 102 S.Ct. 3368, 73 L.Ed.2d 1140 (1982), and Tison v. Arizona, 481 U.S. 137, 107 S.Ct. 1676, 95 L.Ed.2d 127 (1987), because the jury did not make the requisite factual findings: (1) whether Foster acted with reckless indifference to human…