Penry's case went twice to the United States Supreme Court: Penry v. Lynaugh found that executing the mentally retarded is not cruel and unusual punishment; Penry v. Johnson found that the jury's instructions regarding mitigating factors were incomplete and that Penry should be re-sentenced.
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He was sentenced to death on April 9, 1980 for raping and stabbing 22-year-old Pamela Moseley Carpenter (sister of American football star Mark Moseley), who died of her wounds, on October 25, 1979.
In 1979, Moseley's sister, Pamela Moseley Carpenter, was raped and murdered by Johnny Paul Penry.
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