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Penry v. Lynaugh
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Penry v. Lynaugh : ウィキペディア英語版
Penry v. Lynaugh

''Penry v. Lynaugh'', , sanctioned the death penalty for mentally retarded offenders because the Court determined executing the mentally retarded was not "cruel and unusual punishment" under the Eighth Amendment. However, because Texas law did not allow the jury to give adequate consideration as a mitigating factor to Johnny Paul Penry's intellectual disability at the sentencing phase of his murder trial, the Court remanded the case for further proceedings. Eventually, Penry was retried for capital murder, again sentenced to death, and again the Supreme Court ruled, in ''Penry v. Johnson'', , that the jury was not able to adequately consider Penry's intellectual disability as a mitigating factor at the sentencing phase of the trial. Ultimately, Penry was spared the death penalty because of the Supreme Court's ruling in ''Atkins v. Virginia'', , which, while not directly overruling the holding in ''"Penry I"'', did give considerable negative treatment to ''Penry'' on the basis that the Eighth Amendment allowed execution of the mentally retarded.
==Facts of the Case==

Johnny Paul Penry was convicted of the October 1979 rape and stabbing of 22-year-old Pamela Moseley Carpenter, sister of Washington Redskin's player Mark Moseley). Penry, who was released from prison only three months prior after serving two years of a five-year sentence for rape, forced his way into Carpenter's home and held a pocket knife to her throat. While struggling, Carpenter managed to grab a pair of scissors and stab Penry, but he was able to disarm her. He then dragged her to the bedroom where he proceeded to rape and stab her in the chest with the scissors.〔(【引用サイトリンク】url=http://murderpedia.org/male.P/p/penry-johnny-paul.htm )

抄文引用元・出典: フリー百科事典『 ウィキペディア(Wikipedia)
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