Johnny Paul Penry v. James A. Lynaugh, Director, Texas Department of Corrections, Respondent

REAVLEY, Circuit Judge:

This is a collateral attack upon the death sentence by a Texas court of Johnny Paul Penry. With one exception all of the contentions advanced on Penry’s behalf are easily rejected. The exceptional contention is that Texas law did not permit the jury to consider, and to apply, all of Penry’s personal mitigating circumstances prior to reaching the verdict that mandated his death sentence. We are bound by superior *917authority to reject that contention, but we discuss the problem fully to demonstrate why it may merit further consideration.

I

On the morning of October 25, 1979,…