Webread important u. s. Supreme court decisions involving death penalty & criminal sentencing and learn about how the justices have shaped the law in this area. Webpursuant to georgia statutes, the jury at the penalty hearing considered the mitigating and aggravating circumstances of petitioner's conduct, and recommended the death penalty. Webmulroy in memphis and davidson county district attorney glenn funk in nashville both have said they oppose the death penalty. Both have also said that they. Webwhen the prosecution seeks the death penalty, the sentence is decided by the jury and must be unanimous. In case of a hung jury during the penalty phase of the trial, a life. The trial court later merged the felony murder conviction into the premeditated murder. Webjudge monte watkins signed off on the unusual shift in sentence on friday, agreeing with davidson county district attorney general glenn funk that there was. Weba criminal hearing to determine whether there is sufficient evidence to prosecute an accused person. Georgia, 408 u. s. 238, 305 (1972) (brennan, j. , concurring) (today death is a uniquely and unusually severe punishment. When examined by the principles applicable. Webthe latest report from the death penalty information center, which tracks capital punishment in the u. s. , found 11 more cases of death row exoneration than had.