At a hearing Tuesday, Judge Kevin Fine of Houston’s 177th District Court rescinded his March 4 order in which he granted defendant John E. Green’s “motion to declare Article 37.071 of the Texas Code of Criminal Procedure unconstitutional,” says Alan Curry, appellate division chief in the Harris County District Attorney’s Office. Article 37.071 is the state’s death penalty statute.
But neither Curry nor Robert K. Loper, a Houston criminal defense solo who is one of the lawyers representing Green, believe Fine has changed his interpretation of Article 37.071.
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