Final answer:
D. Only if it favors the litigant
A death row litigant can rely on an outdated law that favored the litigant during their trial.
Step-by-step explanation:
The answer to the question is D. Only if it favors the litigant.
When a death row inmate seeks to appeal or challenge their conviction, they can argue that an outdated law that was binding during their trial is no longer valid or constitutional, and therefore should not be applied to their case. However, the success of this argument depends on whether the outdated law favors the inmate or not. If the law is favorable to the inmate, then they can rely on it to argue for their innocence or mitigation of punishment.
For example, in recent years, the Supreme Court of the United States has ruled that certain sentencing practices, particularly those that allow for mandatory death sentences without considering individual circumstances, are unconstitutional. In such cases, death row inmates may be able to argue that these outdated laws violated their constitutional rights and should not be applied to their cases.