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 was unconstitutional for their client, John Edward Green Jr., the Houston Chronicle reported Thursday.
Texas Attorney General Greg Abbott offered to help the district attorney appeal Judge Kevin Fine's decision, which Abbott said ignored U.S. Supreme Court precedent.
Fine's decision is unlikely to withstand appellate review, said Sandra Guerra Thompson, professor at the University of Houston Law Center.
Green, 23, is accused of fatally shooting a Houston woman and wounding her sister on June 16, 2008.
To comment, the following rules must be followed:
If you believe a comment violates the above rules, please use the Flagging Tool to alert a Moderator.
Flagging does not guarantee removal.
Decisions to suspend or unsuspend accounts are made by Station Moderators.
Questions may be sent to firstname.lastname@example.org. Please provide detailed information.
Viewers with disabilities can get assistance accessing this station's FCC Public Inspection File by contacting the station with the information listed below. Questions or concerns relating to the accessibility of the FCC's online public file system should be directed to the FCC at 888-225-5322, 888-835-5322 (TTY), or email@example.com.