The Texas Court of Criminal Appeals (CCA) recently ordered relief for two death row inmates, acknowledging that a U.S. Supreme Court ruling from last year affected a series of cases that were tried before the state changed its death penalty statute. The Texas CCA reversed the death sentence of Jose Angel Moreno, whose execution was stayed just hours before it was to occur last May. He may now have a new sentencing hearing and the opportunity to present a range of mitigating evidence that the jury did not properly consider at his first trial. Moreno’s attorney, Scott Sullivan, said, “It’s a thoughtful decision. They took the time to recognize a wrong and correct it.”

The appeals court also ordered further consideration of a similar appeal from death row inmate Ricky Eugene Kerr. The U.S. Supreme Court reversed three Texas death sentences last year because of the problem with the older Texas statute.
(J. Vertuno, Associated Press, in San Antonio Express-News, Feb. 6, 2008). See the Texas decision and Supreme Court.