"They are starting to put some teeth in their scrutiny"

Justices Overturn a Death Sentence, Citing an Inadequate Defense Counsel: “As a result of the 5-to-4 decision, Pennsylvania must now either give the defendant, Ronald Rompilla, a new capital sentencing hearing or sentence him to life in prison for the 1988 murder of the owner of a bar in Allentown, Pa.

The decision was the second in eight days in which the Supreme Court overturned a death sentence. Last Monday, in a case from Texas, the court overturned a 20-year-old murder conviction as well as the death sentence on the ground that the jury selection had been infected by racism.

The court also ruled in March that the Constitution barred capital punishment for those who committed crimes before the age of 18.

…Eric M. Freedman, a professor at Hofstra University School of Law who is a specialist in the death penalty and habeas corpus, said the trend indicated that the court was increasingly troubled by problems of adequate representation for capital defendants. “They are starting to put some teeth in their scrutiny” of these cases, Professor Freedman said in an interview. “The basis themes of fundamental fairness in the administration of the death penalty have penetrated the Supreme Court as well as the general public.” ” (New York Times )