Thursday, January 12, 2006

Capano Death Sentence Overturned

In the Delaware Supreme Court case of State v. Capano, Tuesday's Opinion is one more page in the thick book. The State will now have to decide whether to ask that the Court sentence Capano to life in prison, or conduct a new sentencing hearing.... or, they may appeal to the U.S. Supreme Court.

The crux of the matter was that the sentence hearing jury voted 11-1 in favor of the death penalty, and not unanimously. There was a change in federal common law that arose since Capano's conviction, that convinced the Delaware Supreme Court that a death penalty jury must be unanimous under circumstances like Capano's

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