After Charles Hood was convicted of murder, he was sentenced to death in accordance with Texas law. It was later revealed, however, that the judge who presided at Hood's trial had been involved in a lengthy affair with the prosecutor in the case.

Neither the judge nor the prosecutor had revealed this relationship during the trial. Moreover, after the trial, they denied the relationship until they were compelled to tell the truth under oath. The Texas Court of Criminal Appeals later agreed to a new sentencing hearing for Hood.

However, the hearing was limited to questions concerning the jury instructions and, therefore, did not involve the conflict of interest problem caused by the affair. Hood filed a petition for certiorari with the United States Supreme Court. Should the U.S. Supreme Court hear the case? Explain.

See Mark White, "Death Penalty Must Be Fair," The National Law Journal, March 29, 2010, p. 43.