finding that "avoid arrest or prosecution" and "peace officer ... killed while in performance of official duty" aggravating circumstances clearly established by first stage evidence
How later courts described this case
- finding that "avoid arrest or prosecution" and "peace officer ... killed while in performance of official duty" aggravating circumstances clearly established by first stage evidence
- holding lack of Cargle instruction was plain error requiring reversal where testimony was "well beyond" appropriate victim impact evidence, including a "highly prejudicial sentencing recommendation"
- holding lack of Cargle instruction was plain error requiring reversal where testimony was "well beyond" appropriate vietim impact evidence, including a "highly prejudicial sentencing recommendation"
- finding victim impact witness' "invocation of religious belief and obligation in the context of a capital sentencing recommendation is totally inappropriate"
Written by the judges who cited it.
The opinion
LEWIS, Judge,
Concur in Part/Dissent in Part.
T1 I concur in affirming Appellant's conviction but dissent to reversing the death sentence. The victim impact testimony in this case was powerful, but it was properly admitted and any error in its admission is harmless beyond a reasonable doubt.
12 The majority correctly finds that trial counsel rendered deficient performance in failing to investigate mitigation evidence. Considering this omitted mitigation evidence in light of the aggravating circumstances, I see no reasonable probability of a different outeome at trial, and thus no violation of the right 'to effective assistance of counsel. I would affirm the death sentence.