View source for Bigby v Dretke

The case of Bigby v. Dretke (402 F.3d 551, 5th Cir. 2005) involved James Bigby, who was convicted and sentenced to death for murdering two men and a woman with her infant son in Fort Worth, Texas. During the trial, Bigby attempted to assault the judge with a gun, leading to additional charges but no mistrial. He argued mental illness as part of his defense, claiming schizophrenia made him unable to distinguish right from wrong.

Bigby appealed his conviction and sentence, arguing that the jury instructions violated his rights under Penry v. Lynaugh (492 U.S. 302, 1989), which required juries to consider mitigating factors like mental illness. The Texas Court of Criminal Appeals upheld his conviction despite similar jury instructions. After several rejections, Bigby appealed to the Fifth Circuit, which granted habeas corpus relief in 2005, vacating his sentence.

At retrial in 2006, the jury again imposed the death penalty. Bigby was executed by lethal injection on March 14, 2017. The case highlighted the importance of proper jury instructions that include mitigating factors, ensuring juries consider a defendant's mental health and other relevant history when determining sentencing in capital cases.