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Simpson Thacher Files Amicus Brief with Supreme Court of the United States

02.06.09

Simpson Thacher filed an amicus brief with the Supreme Court of the United States arguing that the Sixth Amendment's guarantee of a fair trial by an impartial jury is violated when a jury consults the Bible during capital sentencing deliberations. 

The Simpson Thacher brief was filed on behalf of a group of former prosecutors, including thirty-three former United States Attorneys and numerous former Assistant United States Attorneys and state prosecutors.  Amici asked the Court to grant certiorari in Oliver v. Quarterman because the U.S. Courts of Appeals are divided on the constitutionality of jury Bible consultation and on the question of what standard should be applied in evaluating such allegations.

Petitioner Oliver was sentenced to death by a Texas jury in 1999.  After his trial, Petitioner’s counsel learned that members of the jury had consulted a Bible passage calling for the death penalty in circumstances like those here.

The STB team representing amici includes Joshua A. Levine, Marissa A. Piropato, Robert J. Pfister, Jacob Press, Meredith C. Duffy, and paralegal Stephanie Crosskey.