Sunday, July 03, 2005

Prayer By Jury Does Not Taint Death Penalty Recommendation

In State v. Williams, 2005-Ohio-3366 (June 30, 2005), an Ohio appellate court rejected a claim that a jury's decision to recommend the death penalty was tainted by the fact that the jury prayed together before their deliberations. At the beginning of the second day of deliberations in the penalty stage in William's trial on murder, rape and robbery charges, one of the jurors led the others in a prayer asking for guidance in the decision they were about to make and peace in their hearts after the decision was made. The Court held that since Williams made no showing that the prayer affected the jury's decision, he lacked standing to assert a First Amendment claim challenging the prayer. It also held that the prayer did not deny Williams any of his rights under the First, Eighth or Fourteenth Amendments.