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

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.When evaluating possible prejudice to a defendant resulting from juror consultation of the Bible during sentencing deliberations, what standard of proof should apply, or should there be an irrebuttable presumption of prejudice?

Download Final Oliver Petition

Some related prior posts:

• Will SCOTUS consider Bible-influenced capital sentencing?
• Another big circuit discussion of Bible-influenced capital sentencing
• Notable split capital habeas ruling from the Fourth Circuit
• Colorado Supreme Court troubled by mixing sentencing and the Bible
• Sentencing and Religion
• Sister Prejean powerful perspective