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Smith v. State12/22/2000
e following: that his mother and sister were alcoholics; that his father was "a convict"; that his parents were "unable to protect their children from predators or to provide them with a healthy home environment" (appellant's brief, p. 32); that his six siblings were unable to offer him "the sustenance that a sibling can sometimes provide to assist a failing youngster" because they also suffered from neglect and "other ills" (appellant's brief, p. 32); that he could not bond with some of his siblings because they were incarcerated or in mental institutions; that a brother is mentally retarded (which fact, he argues, would have lent more credence to his expert's finding that he is mentally retarded, on the theory that "mental retardation is a hereditary factor" (R. 1924), and would have thus discredited the prosecution's assertion that he is not mentally retarded but merely of borderline intelligence); that two siblings have attempted suicide (which fact, he argues, would have supported his assertion that his suicide attempt was genuine); and that neither of his parents visited him while he was in jail awaiting trial.
During the charge conference, which occurred before the sentencing phase, the prosecutor vehemently argued that any evidence pertaining to any family member was inadmissible, because, he argued, it was irrelevant to any mitigating circumstance. The trial court noted during the ensuing discussion, "The problem is this, if y'all still had your plea of insanity in the case, I think it probably is relevant, whether or not a family member committed suicide or had a mental problem. But the thing is, y'all withdrew that." (R. 1924.) The court subsequently ruled that it was excluding "anything that happened to anybody other than the defendant." (R. 1935.)
The appellant is correct that the sentencer in a capital case should be provided with "the fullest information possible concerning the defendant's life and characteristics," Lockett v. Ohio, 438 U.S. 586, 603 (1978). In regard to the sentencing determination, the Supreme Court has "emphasized the need for a broad inquiry into all relevant mitigating evidence to allow an individualized determination." Buchanan v. Angelone, 522 U.S. 269, 276 (1998). As the Supreme Court has explained:
"If a sentencer is to make an individualized assessment of the appropriateness of the death penalty, `evidence about the defendant's background and character is relevant because of the belief, long held by this society, that defendants who commit criminal acts that are attributable to a disadvantaged background, or to emotional and mental problems, may be less culpable than defendants who have no such excuse.'" Penry v. Lynaugh, 492 U.S. 302, 319 (1992) (quoting California v. Brown, 479 U.S. 538, 545 (1987)).
Consistent with this constitutional mandate, Alabama's capital punishment act provides:
"In addition to the mitigating circumstances specified in Section 13A-5-51, mitigating circumstances shall include any aspect of a defendant's character or record and any of the circumstances of the offense that the defendant offers as a basis for a sentence of life imprisonment without parole instead of death, and any other relevant mitigating circumstance which the defendant offers as a basis for a sentence of life imprisonment without parole instead of death." § 13A-5-52. See also § 13A-5-45(c) (" t the sentencing hearing evidence may be presented as to any matter that the court deems relevant to sentence and shall include any matters relating to the aggravating and mitigating circumstances"); and § 13A-5-45(d) (" ny evidence which has probative value and is relevant to sentence shall be received at the sentence hearing regardle
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