 |
 |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|
|
|
|
Smith v. State12/22/2000
ningful effect." Nor can I agree that "it is highly unlikely that the jury would have found the existence of this mitigating circumstance had it been instructed specifically."
Because proper instructions are "absolutely indispensable" to ensuring that the jury properly performs its sentencing role, I believe that the omission of this vital instruction, combined with the trial court's preclusion of relevant evidence offered in mitigation, require that this case be remanded for a new sentence hearing before a jury.
For the foregoing reasons, I concur with the majority's resolution of the guilt-phase issues and its affirmance of the conviction, but must respectfully dissent as to its resolution of the foregoing sentencing phase issues. This cause should be remanded for a new sentence hearing before a jury, so that Smith has the opportunity to present all relevant mitigating evidence to a properly instructed jury. Only then, I believe, will Smith be afforded a full and fair sentencing hearing.
Page 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 Alabama DUI Attorneys
DUI Lawyers
|
| |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|