While I fully support the DP in theory, in practice it is very, very rarely used especially in CO. CO has had over 550 1st degree murder convictions since 1999 yet has placed only 2 perps onto death row out of that total. CO now has 3 inmates on death row (one has been there since 1996); this moron (when convicted) will it make 4. The 8th amendment makes cruel and unusual punishment unconstitutional - statistically the CO DP would certainly make a good case for considering it to be quite unusual. CO will now spend millions on convicting this moron, and much more on appeal(s), when they could just accept a plea and let nature (of prison life) take its course.
Colorado death penalty law unconstitutional, study contends - The Denver Post
This CO moron seemed like the poster child for the DP, yet did not even have his case charged as a capital offense:
Transgender murder, hate crime conviction a first - CNN.com
A close runner-up (also not charged with DP offense):
Edward Romero sentenced to life in Alicia Martinez murder, dismemberment - The Denver Post