Just four months after striking down Delaware’s death penalty sentencing scheme as unconstitutional, the state Supreme Court on Thursday ruled that the 12 men sentenced under the statute may not be executed.
The court’s unanimous opinion followed its landmark ruling in Rauf v. State, where a majority of Delaware’s five justices held that the statute violated the Sixth Amendment because it allowed a judge, and not a jury, to make factual findings necessary to impose a sentence of death.
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