Friday, September 13, 2002

the death penalty in a "hybrid" state

Another Delaware death penalty case has been put on hold by the Delaware Superior Court. This time it's the Thomas Capano case:
Capano's direct appeal of his death sentence and murder conviction was upheld in August 2001. He could next elect to ask the Superior Court to review whether he was provided an adequate defense at his trial. But everything is on hold for him until attorneys petition Henley to reactivate Capano's post-conviction proceedings, or Henley does so automatically, according to the order.
One of the interesting documents that accompanies this story in the Wilmington News Journal is a transcript (pdf) between a Superior Court Judge and attorneys in another one of the cases in question. Just what do you do when you're a "hybrid" state that the US Supreme Court may or may not have addressed in a recent ruling?

[update - September 13, 2002 - An administrative directive has been issued by Superior Court's President Judge which puts all Delaware capital cases on hold until Delaware's Supreme Court answers "constitutional questions about Delaware's death penalty law." ]

No comments: