DueProcess Punishment
Are a capital defendant's rights to a fair trial by an impartial jury denied when a juror believes the death penalty should be used in all cases of murder?
QUESTIONS PRESENTED I. Are a capital defendant’s rights to a fair trial by an impartial jury, as guaranteed by the Fifth, Sixth, and Fourteenth Amendments, denied when one of the empaneled jurors believes the death penalty should be used in all cases of murder? II. Does defense counsel’s failure to excuse or otherwise object to a juror who is biased in favor of the death penalty in all cases of murder, and thereby allows that juror to sit on the jury which will determine whether the defendant’s sentence is life or death, deny the capital defendant the effective assistance of counsel as guaranteed by the Sixth and Fourteenth Amendments, warranting a new sentencing trial? i