Texas Judge Backtracks After Striking Down Death Penalty

A Texas judge who declared the state’s death penalty unconstitutional has rescinded his controversial ruling and asked for briefs on the issue.

Judge Kevin Fine plans an evidentiary hearing on the matter, and has tentatively set an April 27 date, Texas Lawyer reports. Lawyers for both sides say they doubt Fine has had a change of heart.

In his ruling last Thursday, Fine sided with lawyers for defendant John Edward Green Jr., who argued the state death penalty violates the Fifth Amendment due process rights of defendants because innocent people have been sent to death row, the Associated Press reports.

The wire service describes Fine as a Democrat “who is heavily tattooed.” He has told others he is a recovering alcoholic and former cocaine user.