Court Reverses Death Row Inmate's 2003 Conviction

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A man sentenced to death for the 2001 murder of another man in Fort Worth has had his case overturned by a federal appeals court.

The 5th U.S. Circuit Court of Appeals agreed with attorneys for Nelson Gongora that prosecutors in his 2003 murder trial should not have suggested to the jury that Gongora's decision to not testify indicated his guilt.

In their decision Wednesday, the 5th Circuit judges wrote that repeated comments by the Tarrant County prosecutor about Gongora's lack of testimony violated his right to a fair trial. The 5th Amendment guarantees criminal defendants ...

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