Derrick Powell, Below v. State of Delaware, Below

Summary

The court held that the constitutional rule requiring unanimous jury findings beyond a reasonable doubt for capital sentencing applies retroactively to Powell’s final death sentence. Because Powell’s death sentence was imposed under procedures that permitted judicial findings and used a preponderance standard for weighing aggravating and mitigating circumstances, the court vacated the sentence and directed imposition of life imprisonment without parole. The court treated the new rule as a watershed procedural rule because the prior burden of proof substantially impaired reliable capital sentencing.