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Houston judge declares death penalty unconstitutional

The Associated Press

Updated: 11:06 p.m. Thursday, March 4, 2010

HOUSTON — A state district judge in Houston has granted a pretrial motion declaring the death penalty unconstitutional, a decision that the Texas attorney general called "an act of unabashed judicial activism."

The motion was one of many submitted by defense attorneys Bob Loper and Casey Keirnan arguing Texas' death penalty is unconstitutional for their client, John Edward Green Jr., the Houston Chronicle reported Thursday.

State District Judge Kevin Fine said in his ruling that it is safe to assume innocent people have been executed.

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