Complex sentence: In the second hearing, which also was in 1968 the court did raise the issue but decided that the death penalty was neither cruel nor unusual, but in view of "Witherspoon" the defendant's death sentence was unconstitutionally decided.
Split into simpler sentences: In the second hearing, which also took place in 1968, the court did raise the issue but decided that the death penalty was neither cruel nor unusual. However, in view of "Witherspoon", the court found that the defendant's death sentence was unconstitutionally decided.