A Texas judge granted a defense motion arguing the death penalty was unconstitutional for their client. In granting the motion, Judge Kevin Fine said:
“Based on the moratorium (on the death penalty) in Illinois, the Innocence Project and more than 200 people being exonerated nationwide, it can only be concluded that innocent people have been executed . . . [i]t’s safe to assume we execute innocent people.”
Fine further noted that trial judges are "gatekeepers of society’s standard for decency and fairness." The prosecution was dismayed at the ruling, and said they would pursue all available remedies. This likely includes an appeal of Fine’s order. Fine has been on the bench since 2008, and is regarded as something of a judicial maverick.
Judge declares death penalty unconstitutional | Houston Chronicle