Mississippi Supreme Court will look at constitutionality of death penalty law.
Originally posted on Mississippi PEP:
The Mississippi Supreme Court may decide the constitutionality of a 1994 state law that allows it to find “harmless” errors committed by juries in death penalty cases.
Roger Lee Gillett challenged the law in his post-conviction petition that seeks to overturn his death sentence or to get him a new trial.
The law was enacted after the U.S. Supreme Court ruled in a Mississippi case in 1990 that state appellate courts can uphold murderers’ death sentences, even if their sentencing juries wrongly considered some adverse evidence.