Sign In
Events
Newsletters
Search

Close

Close Search

Cancel

SEARCH
MY LAW.COMNEW

Ex Parte Rodney Charles Rachal

In this subsequent application for habeas corpus, the applicant alleged that he is entitled to relief from his death sentence because he presented significant mitigating evidence related to his moral culpability and the appropriateness of a death sentence that could not have been given full effect by the sentencing jury. The habeas court concluded that the former statutory special issues did not provide applicant's jury with an adequate mechanism for exercising its reasoned moral judgment concerning whether applicant's mitigating evidence of low intelligence, head injury and troubled childhood warranted the imposition of a life sentence rather than the penalty of death. The sentence is vacated and remanded to the trial court. Court of Criminal Appeals, No. AP-76,720, 02-01-2012.

X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.
OPINION

In October 1992, a jury convicted applicant of the offense of capital murder. The jury answered the special issues submitted pursuant to Texas Code of Criminal Procedure Article 37.071, and the trial court, accordingly, set punishment at death. This Court affirmed applicant’s conviction and sentence on direct appeal. Rachal v. State, 917 S.W.2d 799 (Tex. Crim. App. 1996). In December 1997, applicant filed his initial application for a writ of habeas corpus pursuant to Article 11.071. We denied relief. Ex parte Rachal, No. WR-60.394-01 (Tex. Crim. App. March 23, 2005) (not designated for publication).

In February 2009, applicant filed this subsequent application with the trial court. In a single allegation, applicant alleged that he is entitled to relief from his death sentence because he presented significant mitigating evidence related to his moral culpability and the appropriateness of a death sentence which could not have been given full effect by the sentencing jury. See Penry v. Johnson, 532 U.S. 782 (2001). In an order dated September 23, 2009, this Court remanded the application to the habeas court for consideration of the merits of applicant’s claim. Ex parte Rachal, No. WR.-60,394-02 (Tex. Crim. App. Sept. 23, 2005) (not designated for publication). The habeas court held a hearing on February 18, 2011, and subsequently entered findings of fact and conclusions of law.

Trending Stories

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

LEARN MORE

More From ALM

Premium Subscription
With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Team Accounts
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Bundle Subscriptions
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
Go to CLE Center
General Counsel Conference Southwest 2024
September 18, 2024 - September 19, 2024
Dallas, TX

Join General Counsel and Senior Legal Leaders at the Premier Forum Designed For and by General Counsel from Fortune 1000 Companies


Learn More
Texas Legal Awards 2024
October 15, 2024
Dallas, TX

The Texas Lawyer honors attorneys and judges who have made a remarkable difference in the legal profession in Texas.


Learn More
General Counsel Conference Midwest: SuperConference 2025
April 08, 2025 - April 09, 2025
Chicago, IL

Join General Counsel and Senior Legal Leaders at the Premier Forum Designed For and by General Counsel from Fortune 1000 Companies


Learn More
Go to Events Go to Webcasts
EMPLOYEE BENEFITS ASSOCIATE

Shipman is seeking an associate to join our Employee Benefits practice. Candidates should have one to two years of employee benefits experie...


Apply Now ›
(REMOTE OPPORTUNITY) CLAIMS COUNSEL/ANALYST WANTED FOR LEADING PROVIDER OF PROFESSIONAL LIABILITY INSURANCE MEDICAL MALPRACTICE EXPERIENCE IS REQUIRED (Remote)

Our client, a large provider of professional liability insurance, has engaged us to identify a qualified attorney or claims professional for...


Apply Now ›
NO - FAULT ATTORNEY - NEW YORK

NY defense counsel seeking experienced no fault attorney responsible for cases from inception to resolution, including court and arb appeara...


Apply Now ›
Go to Lawjobs