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Criminal Law

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CASES

By Jeffrey Ivashuk

Criminal law -- Murder -- Death penalty -- Statute which prevented defendant from asserting defense of voluntary intoxication is constitutional -- Evidence was sufficient to support first-degree murder convictions -- Aggravating circumstances -- Trial court properly found as aggravating circumstance that murders were committed while engaged in commission of burglary -- Trial court properly found that murders were committed in cold, calculated, and premeditated manner -- There was no abuse of discretion in trial court's assignment of great weight to burglary and prior violent felony aggravators -- No merit to claim that sentencing order lacks clarity because court did not expressly consider jury's recommendation of life for one murder when sentencing defendant to death for two other murders -- Trial court thoroughly considered aggravating and mitigating circumstances and supported each with specific written findings of fact -- State was not bound by its letter to Mexican officials offering to forego death penalty if Mexican government returned defendant to United States where Mexican government released defendant before state's letter reached the appropriate officials -- No merit to claim that death sentence is unconstitutional under decision of U...continue to full post

Full post as published by JAABlog on February 15, 2008 (boomark / email).