finding no merit to claim that state's ability to introduce hearsay in a penalty proceeding is limited while a defendant's ability to introduce hearsay is unlimited
How later courts described this case
- finding no merit to claim that state's ability to introduce hearsay in a penalty proceeding is limited while a defendant's ability to introduce hearsay is unlimited
- holding "committed by a person under sentence of imprisonment" aggravator may be applied where defendant on parole at time of crime
- upholding the admission in resentencing proceeding of trial transcript where the state was unable to locate the witness and the court admitted the witness's entire trial testimony, including cross examination
- rejecting claim that to execute death-sentenced petitioner after pursuing appeals and collateral relief for twelve years is cruel and unusual
Written by the judges who cited it.
The opinion
KOGAN, Justice,
dissenting.
I find that the death penalty is disproportionate in this case. Therefore, I would reduce the sentence to life imprisonment without eligibility for parole for twenty-five years.
BARKETT, J., concurs.