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jurors, the Bible & death

By Karl R. Keys, Esq.

Doug Berman beat me to the punch on a hot new cert petition many will be watching: I have previously noted in prior posts how lower courts have split over the consequences of juror consideration of biblical passages during the penalty phase of a capital trial.  Indeed, as noted here, nearly three years ago, Karl Keys of CDWsuggested that it is “past time time for SCOTUS action” on this issue.  Now, thanks to a helpful reader, I have learned that a new cert petition (available for download below) presents the Justices with a new opportunity to take up this issue. The new petition involves a Texas case, Oliver v. Quarterman, that has already worked its way through federal habeas. Here are the first two questions presented in the Oliver petition: 1...continue to full post

Full post as published by Capital Defense Weekly on January 07, 2009 (boomark / email).