December 8, 2015

Whether defendant’s constitutional rights were violated when the prosecutor who initially sought the death penalty subsequently votes to uphold it as a member of the state supreme court.

This case presents the question of whether a prosecutor who is subsequently elected to the state Supreme Court can review a death sentence that he initially sought and defended. Agreeing that the appellate decision should be reversed, the ACLU amicus brief details the many problems with the trial in this case that place the judicial impartiality issue in context.

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