788
Opinion of the Court
328. We thus vacated Penry's sentence, confirming that in a capital case, "[t]he sentencer must . . . be able to consider and give effect to [mitigating] evidence in imposing sentence," so that " 'the sentence imposed . . . reflec[ts] a reasoned moral response to the defendant's background, character, and crime.' " Id., at 319 (quoting California v. Brown, 479 U. S. 538, 545 (1987) (O'Connor, J., concurring) (emphasis in original)).
Penry was retried in 1990 and again found guilty of capital murder. During the penalty phase, the defense again put on extensive evidence regarding Penry's mental impairments and childhood abuse. One defense witness on the subject of Penry's mental impairments was Dr. Randall Price, a clinical neuropsychologist. On direct examination, Dr. Price testified that he believed Penry suffered from organic brain impairment and mental retardation. App. 276-279; 878. In the course of cross-examining Dr. Price, the prosecutor asked what records Price had reviewed in preparing his testimony. Price cited 14 reports, including a psychiatric evaluation of Penry prepared by Dr. Felix Peebles on May 19, 1977. Id., at 327. The Peebles report had been prepared at the request of Penry's then-counsel to determine Penry's competency to stand trial on a 1977 rape charge—unrelated to the rape and murder of Pamela Carpenter. Id., at 55-60, 125. The prosecutor asked Dr. Price to read a specific portion of the Peebles report for the jury. Over the objection of defense counsel, Dr. Price recited that it was Dr. Peebles' "professional opinion that if Johnny Paul Penry were released from custody, that he would be dangerous to other persons." Id., at 413. The prosecutor again recited this portion of the Peebles report during his closing argument. Id., at 668.
When it came time to submit the case to the jury, the court instructed the jury to determine Penry's sentence by answering three special issues—the same three issues that
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