That's the title of an OpEd in the Chattanoogan by attorney Lee Davis. The ruling in Tennessee v. Sexton is available in Adobe .pdf format.
The Tennessee Supreme Court recently overturned the death sentence for Hubert Glenn Sexton who was previously convicted of murdering a Scott County, Tennessee couple in their bed. The Supreme Court ordered that a new jury hear the case and decide whether he does indeed deserve the death penalty.
The high court found a multitude of problems with the evidence and sentencing phase of Sexton’s murder trial. Examples include inappropriate remarks made by jurors and the impact of prejudicial evidence that was admitted.
And:
The problems with the case began before the trial even started as the voir dire process was tainted. Apparently some people were improperly excluded as jurors. Later, jurors heard allegations of the sexual abuse Sexton was alleged to have committed but never officially charged with, something that never should have happened. The Court said that prosecutors should have instead attempted to charge Sexton separately for the abuse. The jurors were further prejudiced by hearing that Sexton initially agreed to take a polygraph but later changed his mind.
The accumulation of misconduct was enough to earn Sexton a new sentencing trial but not enough for a reprieve.
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