WASHINGTON, June 24 (UPI) -- The U.S. Supreme Court ruled 5-4 Thursday a high-court precedent allowing juries more leeway when considering a death penalty is not retroactive.
The precedent would apply to ongoing appeals, but not to those that have already become final on direct review.
In Mills vs. Maryland, a Supreme Court majority invalidated a state process that required juries to unanimously accept a mitigating circumstance before it could be considered as a factor against a death penalty.
Before handing down a death penalty, juries must consider aggravating factors that favor a death penalty and mitigating factors that work against the ultimate punishment.
George Banks was convicted of 12 counts of murder more than 20 years ago.
The murder conviction and death sentence were upheld by the Pennsylvania Supreme Court. But a federal appeals court said Mills applied to the Banks case and ruled against the sentence.
However, the Supreme Court reversed the appeals court Thursday.
