Delaware Abolishes Death Penalty, But Legislators Could Revive It

DOVER, DE (CBS) -- The state of Delaware has done away with capital punishment, for now, thanks to a ruling from the first state's highest court.

The justices, in a split decision, sided with a recent US Supreme Court ruling on Florida's Death Penalty statute which, like Delaware's, allows a judge to have the final say on life or death after a jury chimes in. That violates the US constitution.

There are 13 inmates on Delaware's death row. It is unclear whether the state decision affects them. And the decision allows the Delaware legislature to revisit the issue to tweak the current law. But there is a movement within the state legislature to abolish the Death Penalty altogether, and Governor Jack Markell is in favor of that.

New Jersey did that several years ago. Pennsylvania Governor Tom Wolf has put executions on hold while a legislative panel studies its impact. There hasn't been an execution in Pennsylvania since 1999. In fact, only three condemned prisoners in Pennsylvania have been put to death since the mid 70's.

In each case, the inmate abandoned all appeals.