USA - Texas. The 5th U.S. Circuit Court of Appeals overturned the conviction and death sentence of Nelson Gongora, 33, hispanic

The 5th U.S. Circuit Court of Appeals overturned the conviction and death sentence of Nelson Gongora, on the row for an April 2001 robbery-murder. A 3-judge panel of the Fifth Circuit concluded that the conviction and death sentence handed to Gongora in 2003 (see April 4, 2003) should be vacated, and the case handed back to the district to retry or to dismiss. The court concluded that Tarrant County prosecutors made impermissible comments to the jury about Gongora's failure to take the stand in his own defense, a clear violation of his Fifth Amendment right not to be compelled as a witness. "We find that the extraordinarily extensive comments on Gongora's failure to testify resulted in actual prejudice," the panel ruled. Gongora was among a handful of men indicted for the 2001 robbery and murder of Delfino Sierra. Gongora will be released from prison within 6 months unless he is retried or pleads guilty, the court wrote.