Delaware's Supreme Court is hearing arguments on whether its ruling declaring the state's death penalty law unconstitutional can be applied retroactively to a dozen men already sentenced to death.
Wednesday's oral arguments come in an appeal filed by Derrick Powell, who was sentenced to death in 2011 for killing Georgetown police officer Chad Spicer in 2009.
In August, a majority of the Supreme Court justices declared that Delaware's death penalty law was unconstitutional because it allowed judges too much discretion in sentencing and did not require that a jury find unanimously and beyond a reasonable doubt that a defendant deserves execution.
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Attorney General Matt Denn declined to appeal that ruling in federal court but said he believes that it cannot be applied retroactively to offenders already sentenced to death.