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From Charles Bierbauer
CNN Senior Washington Correspondent

WASHINGTON (CNN) -- When Johnny Penry's lawyer called Texas' death row to tell him the U.S. Supreme Court had overturned his death sentence, Penry already knew about the ruling from other inmates.

"I won. I won," Penry told Kathy Puzone on Monday, after the high court ordered Texas to give him a new sentencing hearing.

ALSO Court overturns retarded man's death sentence    VIDEO CNN's Charles Bierbauer has background on the case (June 4) Play video (QuickTime, Real or Windows Media)  ALSO Death row inmate Johnny Penry talks to CNN (March 26)  MESSAGE BOARD Death penalty  RESOURCE States that have the death penalty

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Penry, who is moderately retarded, first got the word from others on the state's death row who heard radio reports of the Supreme Court ruling.

By a 6-3 margin, the justices found jurors had been given contradictory instructions that made it difficult for them to choose between the death penalty and life imprisonment.

Penry's guilt in the 1979 rape and murder of Pamela Carpenter was not in question, but the jury was supposed to consider mitigating circumstances -- Penry's low IQ and childhood abuse by his mother -- in determining a sentence.

"I told him that if a jury wanted to give him a life sentence, the judge didn't tell them how," defense attorney Puzone told CNN. "He understands that it's not over yet. He understands there has to be something new in front of a judge and jury."

Penry also knew that his attorneys had to persuade five of the nine justices that the Texas jury instructions were inadequate.

"He wanted to know how many justices he had," Puzone said. "When he found out he had six, he started to scream."

Penry told his attorney he was "going to make tacos" to celebrate the ruling.