The Delaware Supreme Court on Wednesday considered whether to give retroactive application to its August ruling striking down the state’s death penalty as unconstitutional.
Death row inmate Derrick Powell’s lawyer argued that his client’s death sentence should be vacated in light of the court’s ruling in Rauf v. State, which held that factual findings supporting imposition of a death sentence should be made by a jury and not a judge. Although the appeal was brought solely on behalf of Powell, the court’s ruling could ultimately determine whether its decision to strike down the state’s death penalty law as unconstitutional applies retroactively to the 13 men already sentenced to die.
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