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Seeking guidance from a higher authority on Bible-influenced capital sentencing

By Douglas A. Berman

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. Does juror consultation of the Bible during sentencing deliberations deprive a defendant of his federal constitutional rights? 2...continue to full post

Full post as published by Sentencing Law and Policy on January 07, 2009 (boomark / email).