California justices toss death penalty for Scott Peterson

Supreme Court News

Scott Peterson’s conviction for killing his pregnant wife will stand, but the California Supreme Court on Monday overturned his 2005 death sentence in a case that attracted worldwide attention. The justices cited “significant errors” in jury selection in overturning the death penalty but welcomed prosecutors to again seek the sentence if they wish.

Laci Peterson, 27, was eight months pregnant with their unborn son, Connor, when she was killed. Investigators said that on Christmas Eve 2002, Peterson dumped their bodies from his fishing boat into San Francisco Bay, where they surfaced months later.

“Peterson contends his trial was flawed for multiple reasons, beginning with the unusual amount of pretrial publicity that surrounded the case,” the court said. “We reject Peterson’s claim that he received an unfair trial as to guilt and thus affirm his convictions for murder.”

But the justices said the trial judge “made a series of clear and significant errors in jury selection that, under long-standing United States Supreme Court precedent, undermined Peterson’s right to an impartial jury at the penalty phase.”

It agreed with his argument that potential jurors were improperly dismissed from the jury pool after saying they personally disagreed with the death penalty but would be willing to follow the law and impose it.

“While a court may dismiss a prospective juror as unqualified to sit on a capital case if the juror’s views on capital punishment would substantially impair his or her ability to follow the law, a juror may not be dismissed merely because he or she has expressed opposition to the death penalty as a general matter,” the justices said in a unanimous decision.

They rejected Peterson’s argument that he couldn’t get a fair trial because of widespread publicity after the proceedings were moved nearly 90 miles (145 kilometers) away from his Central Valley home of Modesto to San Mateo County, south of San Francisco.

Related listings

  • Colombia warlord asks US court to force deportation to Italy

    Colombia warlord asks US court to force deportation to Italy

    Supreme Court News 08/22/2020

    A lawyer for a former Colombian paramilitary leader is asking a U.S. federal court to force Attorney General William Barr to immediately deport the former warlord to Italy after he completed a long drug sentence.The emergency petition was filed Monda...

  • Appeals court revives House lawsuit for McGahn's testimony

    Appeals court revives House lawsuit for McGahn's testimony

    Supreme Court News 08/08/2020

    A federal appeals court in Washington on Friday revived House Democrats' lawsuit to force former White House counsel Don McGahn to appear before a congressional committee, but left other legal issues unresolved with time growing short in the current ...

  • Supreme Court rejects challenge to limits on church services

    Supreme Court rejects challenge to limits on church services

    Supreme Court News 05/29/2020

    A divided Supreme Court on Friday rejected an emergency appeal by a California church that challenged state limits on attendance at worship services that have been imposed to contain the spread of the coronavirus. Over the dissent of the four mo...

New Rochelle, New York Personal Injury Lawyers

If you or a loved one has been injured in an accident, contact Kommer, Bave & Ollman, LLP, in New Rochelle, New York, immediately. We can answer all your questions and work with you to determine if you have the grounds for a personal injury lawsuit. The attorneys at our firm are determined to resolve even the most difficult of cases. We will work closely with you to determine the best course of action to get your claim or case resolved in the most efficient way possible. We will fight for your right to compensation! No one should have to suffer a financial burden from the result of another person’s carelessness. The attorneys at Kommer, Bave & Ollman, LLP will aggressively fight to ensure that justice is served on your behalf.