Houston judge backs off ruling that death penalty unconstitutional
By BRIAN ROGERS
HOUSTON CHRONICLE
March 9, 2010
A Houston judge who ruled last week that the proceedings surrounding the Texas death penalty are unconstitutional rescinded his ruling this morning to schedule a hearing for lawyers on both sides to submit arguments on the issue.
State District Judge Kevin Fine said, in effect, he was holding his ruling in abeyance until April 12, when prosecutors and defense lawyers for capital murder John Green can submit briefs. A hearing was scheduled for April 27.
Fine reiterated that his ruling is limited to whether the Texas Code of Criminal Procedures allows for the execution of innocent people. He said there was not any precedent to guide him.
"There's nothing in my research that say's it is OK to execute innocent people so that we may have a death penalty," Fine said on the bench.
