Assertion: gaskin | /r/CapableOf | receive new penalty phase
Facets:
value: under hurst
type: LOCATION
Source sentences:
text: Thus, for the reasons stated above and under the test set forth by this Court in Hurst for determining whether Hurst errors are harmless beyond a reasonable doubt, I would conclude that any error in Gaskin's nonunanimous sentencing recommendation was not harmless beyond a reasonable doubt and Gaskin should, therefore, receive a new penalty phase under Hurst .