A Houston judge said yesterday that it's safe to assume we've executed innocent people. And, in an effort to put a stop to that, state District Judge Kevin Fine granted a pretrial motion declaring capital punishment unconstitutional.

The ruling came in response to a number of pretrial motions filed on behalf of John Edward Green Jr., who is charged in a robbery and shooting death. The defense attorneys filed an array of pretrial motions, just hoping that one might stick. They likely were as surprised by the ruling as the state's attorney general was. AG Greg Abbott's office wasted no time, decrying this as unabashed judicial activism.

Of course, Fine's declaration that the death penalty is unconstitutional is likely an exercise in futility, as it will surely be overturned on appeal. A law professor notes that sometimes judges make such rulings hoping to start a dialogue in the judicial branch. But this judge, who is a recovering cocaine addict and plenty controversial to boot, probably is not the best person to lead this charge.

Dallas News via Death Penalty