Last month, the U.S. Supreme Court agreed to hear a case that deals with the burgeoning issue of mental illness and the death penalty.
In Cullen v. Pinholster, the court will not directly deal with the issue of whether a severely mentally ill person should be subject to the death penalty. Instead, it will decide whether the appellant should get a new penalty hearing because his counsel was ineffective for failing to present appellant’s mental illness as a mitigating factor at the original penalty phase hearing.
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