Wednesday, October 16, 2024

Richard Glossip's death sentence: A case of prosecutorial misconduct

Alito suggested that under the so-called "harmless error rule," knowing about Sneed's mental issues and perjury would not have changed the result in Glossip's case. "The facts," Alito suggested, "are not sufficient to establish by clear and convincing evidence that, but for the alleged error, no reasonable fact-finder would have found the applicant guilty of the underlying offense or would have rendered the penalty of death." 

It is hard to see how anyone could think that securing a death sentence by illegal means is "harmless error." But, at the end of the day, Alito used his time and questions to send a message to Glossip: Even if you win your argument about the prosecutors, you will lose anyway…

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