Charles Rhines sits on the South Dakota Death Row waiting to hear if his Petition for Writ will be granted by the U.S. Supreme Court this week (conference of June 14, 2018).
Mr. Rhines seeks review of his capital trial proceedings, arguing that there was an improper refusal to consider evidence demonstrating that his sexual orientation was a factor in the imposition of the death penalty by the jury.
His petition includes an affidavit from a juror stating the jury “…knew that he was a homosexual and thought that he shouldn’t be able to spend his life with men in prison.”
For more analysis, see: Jimmy Hoover, If Jury Racism Isn’t OK, Neither Is Homophobia, Justices Told, Justice 360, May 30, 2018.