Penry Update April 15, 2003 at 10:04 AM CDT - Updated June 19 at 5:25 PM A group of texas criminal defense lawyers says a ruling by a state district judge in trinity county violates a former death row inmates constitutional rights. Johnny Paul Penry is facing execution for the third time. His first two death sentences were overturned by the u.s. Supreme court. Both times, penry's attorney was john wright, who wants to remain as his counsel during the next appeal. However, Judge Elizabeth Coker says that won't be the case. In order for Penry to keep the same counsel, he would have to waive the right to argue his attorney was ineffective at the first two trials...something he has not done. The group says Judge Coker's ruling is a vindictive act against Wright.. She says her ruling is based on the law.