1.   Babbitt was only his second clemency case.

2.   But he did express concern about the way the Texas Board of Pardons and Paroles handles clemency cases for condemned inmates.

3.   In December, the Supreme Court heard arguments on an Ohio death row clemency case.

4.   In capital clemency cases, both the prosecution and the defense are free to submit documents, letters, videotapes and affidavits.

5.   Though parole is not guaranteed, the parole board has released an overwhelming majority of prisoners in clemency cases.