Hearing on constitutionality of Texas death penalty statute begins in Houston court A hearing on the constitutionality of the Texas death penalty statute is proceeding in 177th District Judge Kevin Fine’s court in Houston, but the Harris County District Attorney’s Office isn’t participating.
“After now having stated our objections to this hearing, the state wants permission to observe” and not participate, Alan Curry, chief of the appellate division of the DA’s office, told Fine yesterday morning as the hearing in State of Texas v. John E. Green began. Curry told Fine a pretrial hearing is not the proper forum to hear the motion filed by Green, who wants the judge to declare Article 37.071, §2 of the Texas Code of Criminal Procedure unconstitutional as applied to the Eighth Amendment to the U.S. Constitution.
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