Hands Off Cain

A federal appeals court threw out Texas death row inmate...

A federal appeals court threw out Texas death row inmate David Allen Gardner's sentence, ruling his Fifth Amendment right against self-incrimination was violated by a psychiatrist's testimony

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A federal appeals court threw out Texas death row inmate David Allen Gardner's sentence, ruling his Fifth Amendment right against self-incrimination was violated by a psychiatrist's testimony. The 5th U.S. Circuit Court of Appeals sent the case back to a lower courtto vacate the sentence. It said the state could conduct a new sentencing proceeding or resentence Gardner to life in prison. Gardner was convicted of the Aug. 26, 1980, kidnapping and stabbing ofKandi Kae Reynolds, 14.
SOURCES
  • (Sources: Houston Chronicle, 05/04/2001)