Federal judge reverses Texas murder conviction

AUSTIN A federal judge on Tuesday reversed the state murder conviction of a Texas man because he agreed that the man had been inadequately represented in his 1999 trial.

James B. Tenny was sentenced to 65 years in prison by a state district judge in Blanco for the 1997 murder of his common-law wife, Joyce Mulvey.

But U.S. District Judge Sam Sparks found that Tenny’s court-appointed attorney, John Bennett, failed to do a competent job, specifically in pursuing Tenny’s arguments of self defense.

Sparks also said that state courts and state Court of Appeals should not have upheld Tenny’s conviction. He reversed Tenny’s sentence and ordered the state to release Tenny or give him a new trial within 90 days.

Bill Schuurman, an Austin patent lawyer with Vinson & Elkins who represented Tenny pro bono when the case reached federal court, called the decision a ”victory for justice.”

”This case clearly demonstrates how the Texas state court system has significant problems ensuring that poor people charged with criminal offenses receive justice,” Schuurman said.

The Texas Attorney General’s Office can appeal the decision to the 5th U.S. Circuit Court of Appeals. A spokesman for the office declined to comment Tuesday evening.