 It is a concern about society’s need for courts to operate effectively.” Thomas concludes his dissent by writing that the majority's opinion does not really benefit the defendant but “risks the lives of courtroom personnel …a risk that due process does not require.”

Deck was sentenced to death for a third time on November 7, 2008.On April 13, 2017, the United States District Court for the Eastern District of Missouri granted Deck's petition for a writ of habeas corpus.The court vacated Deck's death sentence, instead sentencing Deck to life in prison without the possibility of parole.