AP-77,010
Tex. Crim. App.Mar 27, 2013Background
- In 1988, a jury convicted Nelson of capital murder and the trial court sentenced him to death after answering the Texas Code of Criminal Procedure Article 37.071 special issues.
- The direct-appeal court affirmed the conviction and sentence in Nelson v. State, 848 S.W.2d 126 (Tex. Crim. App. 1992).
- Nelson filed an initial habeas corpus application under Article 11.071 in 1998, which the Court denied.
- A second habeas corpus application was filed in 2001 and dismissed as subsequent to the first.
- In 2010, the Court remanded the case to consider the merits of Nelson’s mitigating-evidence claim arising under Penry and its progeny.
- The habeas court found the mitigating evidence was not adequately addressed by the former statutory special issues, and recommended vacating the death sentence and remanding for a new punishment hearing.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether former special issues fail to address mitigating evidence | Nelson: mitigation shows moral culpability warranting life. | State: prior issues suffice to guide sentencing. | Relief granted; vacate sentence and remand for new punishment hearing. |
Key Cases Cited
- Abdul-Kabir v. Quarterman, 550 U.S. 233 (2007) (mitigating evidence not encompassed by former special issues)
- Brewer v. Quarterman, 550 U.S. 286 (2007) (mitigating evidence not encompassed by former special issues)
- Smith v. Texas, 550 U.S. 297 (2007) (mitigating evidence not encompassed by former special issues)
- Penry v. Lynaugh, 492 U.S. 302 (1989) (recognizes mitigating evidence must be considered in sentencing)
- Penry v. Johnson, 532 U.S. 782 (2001) (mitigating evidence and jury's ability to consider it)