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Penry v. Lynaugh
Penry v. Lynaugh
	Supreme Court of the United States
Argued January 11, 1989; Decided June 26, 1989
Full case name	Johnny Paul Penry v. Lynaugh, Director of the Texas Department of Corrections
Citations	492 U.S. 302 (more) 109 S. Ct. 2934; 106 L. Ed. 2d 256; 1989 U.S. LEXIS 3148
Argument	Oral argument
Case history
Prior	Writ of habeas corpus challenging death sentence denied by United States District Court for the Eastern District of Texas; affirmed, 832 F.2d 915 (5th Cir. 1987); cert. granted, 487 U.S. 1233 (1988).
Subsequent	Subsequent death sentence affirmed by the Texas Court of Criminal Appeals and then the United States District Court for the Eastern District of Texas; affirmed by the Fifth Circuit, 215 F.3d 504 (5th Cir. 2000); sentence vacated, 532 U.S. 782 (2001).
Holding
	The Eighth Amendment does not forbid executing the mentally disabled; however, the three "special issues" a Texas jury is required to consider before imposing the death penalty did not adequately allow the jury in Penry's sentencing hearing to consider his alleged mental disability as a mitigating factor.
Court membership
	Chief Justice William Rehnquist Associate Justices William J. Brennan Jr. · Byron White; Thurgood Marshall · Harry Blackmun; John P. Stevens · Sandra Day O'Connor; Antonin Scalia · Anthony Kennedy
Case opinions
Majority	O'Connor, joined by unanimous (Parts I, IV-A); Brennan, Marshall, Blackmun, Stevens (Parts II-B, III); Rehnquist, White, Scalia, Kennedy (Parts II-A, IV-B)
Concur/dissent	Brennan, joined by Marshall
Concur/dissent	Stevens, joined by Blackmun
Concur/dissent	Scalia, joined by Rehnquist, White, Kennedy
Laws applied
	U.S. Const. amend. VIII
	Overruled by
	Atkins v. Virginia, 536 U.S. 304 (2002)

Penry v. Lynaugh, 492 U.S. 302 (1989), was a United States Supreme Court case that sanctioned the death penalty for mentally disabled offenders because the Court determined executing the mentally disabled was not "cruel and unusual punishment" under the Eighth Amendment.^[1] However, because Texas law did not allow the jury to give adequate consideration as a mitigating factor to Johnny Paul Penry's intellectual disability at the sentencing phase of his murder trial, the Court remanded the case for further proceedings. Eventually, Penry was retried for capital murder, again sentenced to death, and again the Supreme Court ruled, in Penry v. Johnson,^[2] that the jury was not able to adequately consider Penry's intellectual disability as a mitigating factor at the sentencing phase of the trial. Ultimately, Penry was spared the death penalty because of the Supreme Court's ruling in Atkins v. Virginia,^[3] which, while not directly overruling the holding in "Penry I", did give considerable negative treatment to Penry on the basis that the Eighth Amendment allowed execution of mentally disabled people.