- Associated Press - Monday, December 5, 2016

WILMINGTON, Del. (AP) - A judge is meeting with attorneys in the case of a man sentenced to death for raping and killing a University of Delaware student.

The judge scheduled an office conference Monday in the case of James Cooke, who was convicted of the 2005 murder of 20-year-old Lindsey Bonistall of White Plains, New York.

The U.S. Supreme Court last year refused to hear an appeal from Cooke.

Earlier this year, the state Supreme Court declared Delaware’s death penalty law unconstitutional because it allows judges too much discretion and does not require that a jury find unanimously and beyond a reasonable doubt that a defendant deserves to be executed.

The court will hear arguments this week on whether its ruling should be applied retroactively to Cooke and 12 other death row inmates.


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