State v. Gunches

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After a jury trial, Defendant was convicted of first degree murder and kidnapping and sentenced to death. For reasons unrelated to this appeal, the Supreme Court remanded for a new penalty phase trial on the murder conviction. After a penalty phase retrial, a jury again determined that Defendant should be sentenced to death. The Supreme Court affirmed, holding (1) the trial court did not err in allowing Defendant to represent himself during the penalty phase on remand; (2) the trial court did not err by permitting Defendant to waive the presentation of mitigation evidence; (3) the trial court’s denial of Defendant’s motion to strike a certain aggravator was not erroneous; (4) the trial court’s response to a jury question during deliberations was not fundamental error; and (5) there was no prosecutorial misconduct. View "State v. Gunches" on Justia Law