Texas judge takes back controversial ruling that declared the death penalty unconstitutional

Texas judge rescinds anti-death penalty ruling

HOUSTON — A Texas judge has rescinded his highly criticized ruling that the death penalty is unconstitutional.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 attorneys to submit motions on the issue. A hearing is set for April 27.

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

Fine is a judge in Harris County, which sends more inmates to death row than any other county in the nation.