Penry, a retarded man with the mental age of barely seven years, was convicted of murder and sentenced to death. During the trial's proceedings, the jury was not instructed that it could consider the mitigating circumstances of Penry's mental retardation in imposing its sentence.
Was Penry's sentence cruel and unusual punishment?
The Court partially affirmed and partially reversed the lower court's decision. Justice O'Connor argued that the jury was improperly instructed and should have been told that it could have considered Penry's mental deficiencies when imposing its sentence. However, she rejected Penry's blanket claim that generally the Eighth Amendment does not allow death sentences for retarded defendants.
Decisions
Decision: 5 votes for Lynaugh, 4 vote(s) against Legal provision: Amendment 8: Cruel and Unusual Punishment
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Full Opinion by Justice Sandra Day O'Connor
