Harris County Judge Declares Death Penalty Unconstitutional

State District Judge Kevin Fine declared the death penalty unconstitutional during proceedings in a capital murder case on March 4th, responding to a motion filed by defense attorneys. The attorneys, along with with anti-death penalty advocates, praised the decision as "courageous," while Governor Perry and Attorney General Greg Abbott joined District Attorney Pat Lykos in reacting with "disappointment and dismay."
Judge Fine ruled that the death penalty violates defendants' Fifth Amendment right to due process, implying that the death penalty cannot be administered fairly.