Supreme Court Death Penalty Case

The Supreme Court yesterday overturned the sentences of three men on Texas's death row. The issue involved jury instructions that did not provide for the jury to weigh mitigating factors. The Court had said the instructions were impermissible and indeed Texas stopped using them in 1991. These men were sentenced before then -- so should they have new sentencing hearings? Death Sentences Rejected, Wash. Post, April 26, 2007.

The case is Smith v. Texas, 05-11304, slip opinion (April 25, 2007).

For commentary, see the links in Sentencing Law & Policy.