Judge Rescinds Controversial Death Penalty Ruling

HOUSTON (AP) _ A state district judge in Houston has rescinded a highly criticized ruling that the death penalty was unconstitutional.

However, the debate on the issue isn’t over. Judge Kevin Fine on Tuesday said he wants more information on whether the state’s death penalty statute is unconstitutional because it allows for the possible execution of an innocent person.

During a court hearing, Fine took back last week’s ruling, which he made in granting a pretrial motion in a capital murder case. But he asked prosecutors and defense attorneys to submit motions on the issue. A hearing in the case is set for April 27.

Fine’s ruling received criticism from a string of high-profile Texans, including Gov. Rick Perry.

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