remanding for new sentencing hearing in capital case
How later courts described this case
- remanding for new sentencing hearing in capital case
- defendant killed his sister and her husband
Written by the judges who cited it.
The opinion
PARKS, Judge, specially
concurring:
It continues to be the opinion of this writer that the so-called “anti-sympathy” instruction in the second stage of trial is unnecessary and confusing to the jury where mitigating evidence has been introduced. See Fox v. State, 779 P.2d 562, 579 (Okl.Cr.1989) (Parks, P.J., concurring in part/dissenting in part). As a matter of stare decisis, however, I must yield my view to that of the majority of this Court.