Penalty Hearing in a Capital Case -- Procedure (BBM)
If a jury finds one or more aggravating circumstances, the penalty proceedings shall proceed as follows:
(1) The defense may make an opening statement;
(2) The state may then make an opening statement or may defer such opening statement until the close of the defense's evidence;
(3) The victim's survivors may make a statement relating to the characteristics of the victim and the impact of the crime on the victim's family, but may not offer any opinion regarding the appropriate sentence to be imposed;
(4) The defense shall offer evidence in support of mitigation;
(5) The state may then make an opening statement if it was deferred, and offer any evidence relevant to mitigation;
(6) The defense may offer evidence in rebuttal, unless the court, upon a showing of good cause, allows a case-in-chief to be reopened;
(7) The defendant may present statements of allocution to the jury;
(8) The parties may present argument, the defense having the opening and closing;
(9) The judge shall then charge the jury;
With the permission of court, the parties may agree to any other method of proceeding.MM