What about Oscar Ray Bolin?

As Oscar Ray Bolin Jr. sat in a holding cell steps away from the death chamber Thursday night, attorneys for the convicted serial killer awaited word on his final appeal to the U.S. Supreme Court. Among the issues raised in that last-ditch effort to save Bolin's life was the court's pending decision in Hurst vs. Florida, which called into question Florida's death penalty statute.

After a four-hour delay, the court declined to hear Bolin's case. He was executed that night.

On Tuesday, five days after Bolin died, the court's opinion in the Hurst case ruled that the way Florida sentences defendants to death is unconstitutional.

Bolin attorney Bjorn Brunvand said he was disappointed the Hurst ruling didn't come in time to save his client.

"I think it certainly could have been grounds for another appeal," Brunvand said. "The court was aware of Bolin's circumstances. I would imagine they knew how they were going to rule in the Hurst case. I'm disappointed they couldn't have stayed the execution until we figured this out."

An official with the U.S. Supreme Court said Tuesday that the justices do not elaborate on what basis they delay executions.

"There's no way of knowing that," said Robert Dunham of the Death Penalty Information Center on whether the court had Hurst in mind during Bolin's appeal, "since the case was decided so closely in proximity you'd think they probably were."

It's questionable, however, whether Hurst would have helped Bolin. His death warrant stemmed from the murder of Teri Lynn Matthews. At his 2001 trial, Bolin waived a jury's sentencing recommendation. A judge imposed the death sentence.

"My thought is if (the court) felt like a stay was warranted based on that," Brunvand said, "they would have granted it."