Some Thoughts On Stare Decisis And Connecticut’s Recent Death Penalty Decision

In recent weeks, lawyers, the legal press in Connecticut, and this blog, have been discussing the possibility that a pending death penalty case in the Connecticut Supreme Court, State v. Peeler, could overrule the court’s recent decision in State v. Santiago. Santiago held that a statute passed in 2012, which expressly repealed the death penalty prospectively, had the unintended effect of rendering capital punishment unconstitutional under the state constitution for the 11 men already on death row. More accurately, the discussion has focused on whether the Supreme Court should use the Peeler case to overrule Santiago.

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