Kink Friendly Law

One of the most contested and debated legal issues is the death penalty with rabid supporters on both sides of this emotionally charged issue. And no where in America is the death penalty more rabidly supported or asked for is Texas, which recently found one of its cases drawing national attention.Charles Hood who was sentenced to death in 1990 has found temporary relief from the Texas Court of Appeals which has taken the death penalty “off the table”; at least temporarily.  Because of issues involving jury instructions during the penalty phase of Hoods trial. The Court of Appeals has ruled that certain potentially mitigating factors the jury might have considered were overlooked due to poor jury instructions.

Jury instructions are always an area of the trial with a highest probability of potential error; its also one of the murkiest areas of criminal law. Filled with convoluted and unclear case law which varies greatly, State to State.  Hoods case is prime example where evidence of both severe childhood trauma and Hoods learning disabilities were kept from the juries consideration.

What is especially ironic about Hood’s case is that there is another more serious issue before the U. S. Supreme Court that may well fall by the way side now that Hood’s death sentence is off the table. The issue concerns whether an extramarital affair between the trial judge and prosecutor created a conflict of interest?

It will be interesting to watch whether or the not the Supreme Court hears this case which has the potential to create far reaching effects or whether the case fades from national attention? Allowing Texas to do what it does best, carry out the death penalty.

© 2010, edward. All rights reserved.

Related posts:

1. Don’t Mess with Texas! “Don’t mess with Texas” can be seen on bumper stickers...
2. Nude dancing in Iowa…at least for now! Recently the Iowa Court of Appeals was asked to review...
3. Prosecutors Gone Wild I’m an Assistant District Attorney and I take my job...

Related posts brought to you by Yet Another Related Posts Plugin.