On June 14, the U.S. Supreme Court grant­ed cer­tio­rari in Cullen v. Pinholster. In 1984, Scott Pinholster was con­vict­ed and sen­tenced to death for killing two men dur­ing a bur­glary in Los Angeles, California. The U.S. Court of Appeals for the Ninth Circuit over­turned Pinholster’s death sen­tence because of inef­fec­tive­ness of coun­sel since his lawyer did not give the jury evi­dence of Pinholster’s men­tal ill­ness dur­ing the penal­ty phase of the tri­al. The appeals court said the evi­dence might have per­suad­ed the jury to opt for a less­er sen­tence. The Supreme Court will review the low­er court’s deci­sion and decide whether Pinholster should receive a new sen­tenc­ing hear­ing or whether his death sen­tence should be rein­stat­ed. The case will be heard in the Court’s next term begin­ning in the fall of 2010.

(“Court to decide whether to rein­state death penal­ty,” Associated Press, June 14, 2010; Cullen v. Pinholster, No. 09 – 1088). See also U.S. Supreme Court and Mental Illness.

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