Reinstating Death After Vacatur

Prosecutors sometimes ask higher courts to reinstate capital sentences after lower courts vacate convictions, creating a legal posture that treats vacatur as a temporary hurdle rather than final correction. That practice leaves people released on bail while a state continues to seek the death penalty and puts families, judges, and appellate bodies in fraught positions. — This reframes post‑conviction practice as an active prosecutorial strategy with implications for bail policy, the death penalty's finality, and checks on prosecutorial power.