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Death penalty for accomplices

Tarus Vandell Sales v. Guerrero

Updated Nov 12, 2026

In brief

Where it stands
Petition Pending

Awaiting an order on the petition

No decision timeline until the Court agrees to hear the case.

What it’s about
Texas sentenced Tarus Sales to death for Ostine’s killing under a rule that can make one person responsible for another’s crime, though he was absent.
What's at stake
The case leaves unresolved whether the Eighth Amendment permits Sales’s death sentence and whether he can raise that challenge despite a procedural bar.

Summary: written with AI from the case record.

What it's about

Sales asks whether the Eighth Amendment permits this and whether a death-eligibility exception lets him raise his claim despite a court-rule bar; conference distribution is not a grant of review.

Sales’s petition says the jury found he conspired with Ostine to retaliate against the victim and should have anticipated Ostine would kill him. It also says state courts found Sales was not a participant in the murder but anticipated a life would be taken.

The petition asks how the Constitution applies when someone who was absent from a murder receives a death sentence for another person’s killing.

Question presented

1. Whether a death sentence may be constitutionally imposed on a non-shooter such as Sales who was not physically present at the murder scene, under the Eighth Amendment and this Court’s precedents in Tison v. Arizona , 481 U.S. 137, 107 S.Ct. 1676, 95 L.Ed.2d 127 (1987) and Enmund v. Florida , 458 U.S. 782, 102 S.Ct. 3368, 73 L.Ed.2d 1140 (1982), where the jury found in a general verdict under the Texas law of parties that Mr. Sales had entered into a conspiracy to commit the offense of retaliation against the victim with Mr. Ostine, and Sales should have anticipated that Ostine would murder the victim, and the state courts did not make Enmund-Tison findings that Sales was a major participant in the offense and was reckless indifferent that human life would be taken, and instead found that Sales was not a participant in the murder but anticipated that a life would be taken. 2. Whether this Court’s Sawyer v. Whitely 1 actual innocence of the death penalty-miscarriage of justice exception excusing procedural default applies to eligibility criteria for imposing the death penalty under the Eighth Amendment, in addition to state statutory eligibility criteria, or is limited to state statutory eligibility criteria only, as found by the federal district court and Court of Appeals in denying Sales’ Eighth Amendment Enmund-Tison claim.

What happens next

The Court must decide whether to hear the case. The petition was distributed for a Dec. 4, 2026, conference; that does not grant review or guarantee an order date.

Documents

1

Docket activity

5
  • New analysis added

    Nov 12, 2026 · Court records

  • AI analysis generated: Case Briefing

    Nov 12, 2026 · Generated

  • Case data updated: summary, question_presented, generation_metadata

    Nov 12, 2026 · Court records

  • Case data updated: question_presented, extraction_metadata

    Nov 12, 2026 · Court records

  • Brief added: Petition

    Aug 11, 2026 · Court records

More questions

2
What Eighth Amendment findings does Sales say were missing?
He says the state courts did not find that he played a major part in the murder and acted with reckless indifference to whether someone would die.
What procedural exception does Sales want to use?
He argues that an exception for people who say they are ineligible for execution should cover Eighth Amendment claims, not just claims based on state-law eligibility rules.

Sources

Primary materials plus reporting. Best-effort analysis: this explainer relies on a mix of primary materials and trusted secondary sources. Official filings and opinions remain authoritative.

Checked Nov 12, 2026Methodology

Court records and filings

Reporting and analysis