"The hearing was granted by State District Judge Kevin Fine, who in March ruled in a capital murder case that the Texas death penalty statute is unconstitutional. Fine later rescinded his ruling, but said he intended to hold a hearing on the issue.
Prosecutors say they are not opposed to a hearing the looks at the constitutionality of the death penalty law, but object to any hearing that would look at whether Texas has executed an innocent person."
THE ASSOCIATED PRESS;
------------------------------------------------------------------------------------------------------------
BACKGROUND: Texas State District Judge Kevin Fine ruled that the way the death penalty is currently administered is unconstitutional. Critics are screaming judicial activism, seen as a judicial faux paus and usually a pejorative term; supporters say Fine is a "brave jurist" who has called out death penalty administration on its current merits, or apparent lack thereof. The defendant in this case, John Edward Green, Jr, is charged with capital murder in the 2008 slaying of one of two sisters he allegedly shot during a robbery. Witnessed by the victim's two children, Huong Nguyen, 34, was killed in her own driveway. The case has victims' right advocates calling for justice. In Texas generally, and in Harris County in particular, justice for a capital murder charge is exactly what the law allows for: the death penalty.
----------------------------------------------------------------------------------
"HOUSTON (AP) - A judge in Houston has scheduled a hearing to listen to evidence on whether there's a substantial risk that the state's death penalty law allows for the possible execution of an innocent person," the Associated Press reported earlier today, under the heading, "Houston judge to hold hearing on death penalty law.
"The hearing was granted by State District Judge Kevin Fine, who in March ruled in a capital murder case that the Texas death penalty statute is unconstitutional. Fine later rescinded his ruling, but said he intended to hold a hearing on the issue.
Prosecutors say they are not opposed to a hearing the looks at the constitutionality of the death penalty law, but object to any hearing that would look at whether Texas has executed an innocent person."
The story can be found at:
Harold Levy...hlevy15@gmail.com;
