A Superior Court judge has halted all trials and penalty hearings in capital murder cases while Delaware’s Supreme Court mulls the constitutionality of the state’s death penalty law.
The order was issued Monday President Judge Jan Jurden, head of the Superior Court system.
Last week, the Supreme Court accepted several questions submitted by a Superior Court judge regarding the roles of judges and juries in Delaware death penalty cases. Those questions were prompted by a recent U.S. Supreme Court ruling.
The U.S. Supreme Court said Florida’s death sentencing scheme was unconstitutional because a jury, not a judge, must find each fact necessary to impose a death sentence.
Delaware’s sentencing scheme is similar to Florida’s.
Meanwhile, a bill to abolish Delaware’s death penalty was defeated in the state House last week.