The article discusses how appellate courts are reevaluating harm and mitigation in capital cases, especially in Texas. The Supreme Court's decision in Williams v. Taylor has highlighted the importance of presenting mitigating evidence in death penalty trials. Appellate courts are now recognizing the impact of inadequate legal representation on sentencing outcomes. There are concerns about how harm and mitigation are balanced in determining the death penalty, as it involves moral judgments rather than just weighing factors. Appellate courts focus on legal issues rather than moral considerations in reviewing death penalty cases.