logicalgirl
Peace Hawk
- Joined
- Nov 29, 2009
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I read Steele here was my interpretation:
1. The Trial Judge may require the prosecution to LIST the aggravating circumstances, and failure to disclose an aggravating circumstance is not a reversible error.
[emphasis added]
2. The Trial Judge made an error by using a "Special Verdict Form" for the sentencing phase (The vote on each aggravating and mitigating circumstance must be listed by the Jury before being summited to the Judge), because the Judge's decision on sentencing must be independent of the Juries.
[emphasis added]
I have a feeling that the latest song and dance from the Defense asking for the "expanded fact sheet" with each of the aggravators is really about their concern that the SA is going to hold back on the "failure to disclose an aggravating factor" - meaning we talk duct tape, duct tape, duct tape, but I think the Defense fears there is something else hiding up LDB's sleeve.
I also believe there is so much evidence out there implicating ICA, the Defense wants to channel what ever energy they expend, on the "biggest" factor, and want the SA to point at it for them, so they are at least prepared.