Washington – The Supreme Court is passing for now on deciding whether juries must find all facts necessary to impose a death sentence or whether judges can play a role, an issue Nebraska and Missouri death row inmates had asked the court to take up.

The high court last Monday declined to hear appeals brought by Nikko Jenkins and Craig Wood. The court didn’t comment in turning away the cases.

Jenkins is on death row in Nebraska after killing four people in Omaha shortly after his 2013 release from prison, where he had served 10 years for two carjackings. Jenkins pleaded no contest to the killings and a three-judge panel was appointed to sentence him. Jenkins waived his right to have a jury assess aggravating circumstances and the panel sentenced him to death.

Wood is on death row in Missouri after being convicted of kidnapping, raping and killing 10-year-old Hailey Owens in 2014. The jury that convicted Wood couldn’t decide whether to sentence him to death or life in prison without parole. That left the decision up to the judge who oversaw Wood’s trial.