Judge to hold hearing on death penalty law

June 25, 2010 10:26:06 AM PDT
A judge in Houston has scheduled a hearing to listen to evidence on whether there's a substantial risk that the state's death penalty law allows for the possible execution of an innocent person. Prosecutors and defense attorneys said Friday that the hearing has been set for Nov. 8 and could last at least two weeks.

The hearing was granted by State District Judge Kevin Fine, who in March ruled in a capital murder case that the Texas death penalty statute is unconstitutional. Fine later rescinded his ruling, but said he intended to hold a hearing on the issue.

Prosecutors say they are not opposed to a hearing the looks at the constitutionality of the death penalty law, but object to any hearing that would look at whether Texas has executed an innocent person.