DueProcess Punishment
Is a capital sentence invalid when the prosecutor leads the jury to believe the judge has already decided the defendant should be sentenced to death?
QUESTIONS PRESENTED I. Is a capital sentence invalid, and imposed in violation of the capital defendant’s constitutional rights, when during the final closing argument advocating for a sentence of death the prosecutor leads the jury to believe, without objection by defense counsel or correction by the trial judge, that the judge has already decided the defendant should be sentenced to death for his crimes and will, in fact, impose a death sentence, if the jurors follow their oaths and return a verdict of death? II. Is a capital defendant’s right to the effective assistance of appellate counsel prejudicially denied, in violation of his rights under the Fifth, Sixth, Eighth, and Fourteenth Amendments, when his appointed appellate counsel fails to raise in the direct appeal the obvious claims of prosecutorial misconduct and ineffective trial counsel arising from the prosecutor’s representation to the jury in the final closing argument that the trial judge has already decided the defendant should be sentenced to death for his crimes and will, in fact, impose a death sentence, if the jurors follow their oaths and return a verdict of death? i