Rowell v. Dretke

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• recognizing Fifth Circuit precedent repeatedly rejecting the argument the Constitution requires state appellate review of mitigating evidence
• holding: (1) no Supreme Court or Fifth Circuit precedent supports a constitutional requirement imposing a burden of proof requirement on a mitigation, as opposed to an aggravating factor, special issue, and (2) Teague forecloses adoption of such a rule
• upholding the constitutionality of not requiring the State to disprove mitigation beyond a reasonable doubt

Source: CourtListener parenthetical corpus (CC0).