Judge to hold hearing on death penalty law

HOUSTON 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 Fine later rescinded his ruling, but said he intended to hold a hearing on the issue.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.

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