Case Raising Victim Impact Evidence Issue Falls One Vote Short of Cert.

On Monday, the U.S. Supreme Court denied certiorari in a case raising the issue of how far prosecutors can go in capital prosecutions in introducing victim impact evidence.  At issue was a video presentation introduced by the prosecutors at trial, incorporating photographs and video footage of the victim from birth to the age of 19 (when she was murdered), and narrated by her mother.  Both Justice Stevens and Justice Breyer issued dissents from the denial of cert., and Justice Souter also indicated his dissent from the disposition, leaving the petitioner one vote shy of the four needed for the Court to review the case.  The video itself was attached to the dissents and can be accessed here in both Real Player and Windows Media Player formats [Mike Mannheimer]