murder was not the same criminal episode as other murders committed over a three-day killing spree where there was additional evidence that defendant was the perpetrator that was unique to that case
How later courts described this case
- murder was not the same criminal episode as other murders committed over a three-day killing spree where there was additional evidence that defendant was the perpetrator that was unique to that case
- waived issue under Simmons v. South Carolina, 512 U.S. 154, 114 S.Ct. 2187, 129 L.Ed.2d 133 (1994) not subject to relaxed waiver review; trial court's obligation to issue Simmons charge requires defense request for charge
- “A Simmons instruction . . . is required only if 9 the prosecution makes the defendant’s future dangerousness an issue in the case and the 10 defendant specifically requests such an instruction. Here, neither of the conjunctive 11 predicates requiring a Simmons instruction exists.”
- endorsing a similar instruction
Written by the judges who cited it.
The opinion
FLAHERTY, Chief Justice,
concurring.
A jury with the weighty responsibility of deciding whether one lives or is put to death certainly should be made aware of what is meant by life without parole in this commonwealth, thus, although I join the majority, I write once again to express my view that a Simmons type instruction should be given in all capital cases.