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Olsen v. State4/14/2003
of this verdict form does not provide for a two -step decisionmaking process. Parts I and II of the verdict form require the jury to mark each aggravating and mitigating circumstance found to exist and decide the first question. Part III of the verdict form entitled "SENTENCE" states:
Instructions: Your verdict as to the appropriate sentence in this case shall be based on your findings, as set forth in Parts I and II of this verdict form. With respect to aggravating factors, your deliberations are confined to those which you have marked with an "X" in Column "A" of Part I. You may not impose the death penalty unless you have unanimously found that at least one aggravating circumstance has been proved beyond a reasonable doubt. With respect to mitigating factors, you must consider those unanimously found to exist and marked with an "X" in Column "A" of Part II.
Each of you may also consider any mitigating circumstance which you individually found to exist, as indicted [sic] with an "X" in Column "C" of Part II. The mere number of aggravating or mitigating circumstances found shall have no independent significance. While your sentence should reflect your individual assessments as to the significance of aggravating and mitigating circumstances on this case, you must be unanimous in your decision to assess the death penalty.
VERDICT:
COUNT I
We, the jury, having been duly empaneled and sworn to try the above cause, and having made the above findings with respect to aggravating and mitigating circumstances in accordance with the instructions of the court, do hereby impose the following as the appropriate sentence in this case: (Mark one)
______________________ LIFE IMPRISONMENT
______________________ DEATH PENALTY
****
Part III of the verdict form does not provide for consideration and determination of the second step of the decision-making process. According to the statutory language, and the State's earlier argument, after the jury determines the existence of aggravating circumstances and mitigating circumstances, the jury should be instructed to consider the totality of the aggravating circumstances with the totality of the mitigating circumstances. If the jury finds that no aggravating circumstance has been proved beyond a reasonable doubt, the jury should find that the sentence is life imprisonment. If the jury finds that at least one aggravating circumstance has been proved beyond a reasonable doubt, but the mitigating circumstances outweigh the aggravating circumstances, the jury should find that the sentence is life imprisonment. If the jury finds that at least one aggravating circumstance has been proved beyond a reasonable doubt, and that the aggravating circumstance(s) outweigh the mitigating circumstances, the jury should find that the sentence is death. The jury is never required to impose a sentence of death.
5. Summary
[ ] The State has the burden of proving aggravating circumstances beyond a reasonable doubt, and a defendant has the burden of proving mitigating circumstances by a preponderance of the evidence. Jury instructions should properly describe the jury's decision-making process and properly reflect the State's burden of proof. Equally important, an adequate verdict form should accurately reflect the State's burden of proving aggravating circumstances and rebutting mitigating circumstances. Finally, the evidence supported a jury instruction on the mitigating circumstance of duress. We conclude that Olsen's jury was not properly instructed on the law of mitigating circumstances as intended by Wyoming's death penalty statute. We vacate the sentence of death and remand for a new sentencing heari
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