Justice James R. Zazzali and Justice Virginia Long said in a separate opinion that in addition to the reasons given in the majority opinion, also written by Zazzali, they believed the death penalty would constitute cruel and unusual punishment because of Nelson's history of emotional disturbance. Zazzali and Long had expressed similar reservations in June 2001 when the court overturned the death sentence of Thomas J. Koskovich, who was 18 when he killed two pizza deliverymen in an ambush.
Justices James Zazzali and Virginia Long say besides reasons in the majority opinion, written by Zazzali, they believe the death penalty constitutes cruel and unusual punishment because of Nelson's history of emotional disturbance. They said the same thing in 2001 when the death sentence of Thomas Koskovich, who ambushed and killed 2 pizza deliverymen was overturned.