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State v. Henderson3/7/2001
me one that the jury found was present in this case. In this case, Griffin was shot once in the head. In all six of the above cases, the victim was only shot once or twice and in five of the cases, the victim was shot in the head. Just as Griffin was shot while he was unarmed, the victims in all six of the above cases were apparently also unarmed. Just as there was evidence that Appellants have a low IQ level, there was evidence that the defendants in Howell and Van Tran had impaired mental abilities or educational problems. Like the defendant in Howell and unlike the defendant in Van Tran, Appellants have never accepted responsibility or expressed remorse for their crime. Finally, the supreme court upheld the death penalty in all six of the above cases after finding that it was neither arbitrary nor disproportionate. After reviewing the cases discussed herein, and other cases not herein detailed, we conclude that the penalty imposed by the jury in this case is not excessive or disproportionate to the penalty imposed for similar crimes. This issue has no merit.
XXXVI. CONCLUSION
Based on the foregoing the judgment and sentence of the trial court is AFFIRMED.
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