Skip to content
Part of the Law Professor Blogs Network

Back to the capital news desk

December 13, 2004

With the Supreme Court leaving non-capital sentencing in limbo for another month, the headline sentencing news in the days ahead will likely be coming from the capital sentencing arena. 

The Supreme Court itself made capital sentencing news today through its reversal of the Florida Supreme Court’s judgment in Florida v. Nixon that defense counsel was constitutionally ineffective for having conceded guilt in an effort to focus on avoiding death sentence.  Here are accounts of the decision from the AP and Reuters.

And, in a case that will generate more headlines than it really deserves, the news from California is that the Peterson jury has reached a verdict in the penalty phase of his capital trial.

UPDATE: Scott Peterson’s jury has recommended a sentence of death, and under California law the trial judge must impose that sentence unless he finds that the
verdict is “contrary to law or the evidence presented.”  Fascinating.  So much for my musings this weekend that the death penalty is starting to fade away in the US.  However, I will stand by my earlier prediction here that it will be a very long time, because of appellate realities, before Peterson’s execution day ever arrives.