Supreme Court to Review Cert. Petition on "Victim Impact Evidence": Over the weekend, Ben Winograd at SCOTUSblog put up this post on Kelly v. California (07-11073), a capital case the Supreme Court will examine during its opening conference at the end of September. The Petitioner, Douglas Oliver Kelly, has asked the Court to review whether the Constitution places limits on how victim impact evidence may be admitted during the penalty phase. In 1991, Payne v. Tennessee held that the Eighth Amendment did not bar the introduction of "victim impact evidence" at the penalty phase of trial. However, the Court did suggest evidence "so unduly prejudicial that it renders the trial fundamentally unfair" would not be admissible. In Kelly's case, he is contesting the introduction of nearly a twenty minute photo montage set to music, of his victim, a 19-year-old he stabbed 29 times with a pair of scissors. The trial court allowed the tape, and the decision was upheld by the California Supreme Court. Kelly contends Payne did not envision this type of evidence. California's Brief in Opposition argues that no genuine conflict exists on the admissibility of victim impact evidence presented on videotape. Winograd notes the Court will consider the petition on September 29th, and we could have a decision on whether it hears the case the next day.