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By a vote of 6-5, the en banc Ninth Circuit holds that "capital defendants do not have a per se constitutional right to inquire about the possibility that a penalty-phase jury has reached a preliminary decision against imposing the death penalty"

By a vote of 6-5, the en banc Ninth Circuit holds that "capital defendants do not have a per se constitutional right to inquire about the possibility that a penalty-phase jury has reached a preliminary decision against imposing the death penalty": You can access today's en banc ruling of the U.S. Court of Appeals for the Ninth Circuit at this link.

The lead dissenting opinion, by contrast, begins with a somewhat different view of the case: "By all indications, the jurors in James Harrison's capital trial had decided to acquit him of the death penalty. They had informed the trial judge that they were deadlocked between life with parole and life without parole."

Full post as published by How Appealing on February 15, 2011 (boomark / email).