(Download) "State v. Mclaughlin" by Supreme Court of Montana * Book PDF Kindle ePub Free
eBook details
- Title: State v. Mclaughlin
- Author : Supreme Court of Montana
- Release Date : January 26, 2008
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 76 KB
Description
Scott A. McLaughlin was tried and found guilty of first-degree murder. Because the jury deadlocked on the final step of the punishment phase, the question of punishment went to the trial judge, who imposed a sentence of death. Mr. McLaughlin argues that section 565.030.4 prohibited the judge from imposing any sentence but life imprisonment once the jury was unable to agree upon a punishment. He further argues it was error to instruct the jurors that they were required to unanimously agree that mitigating evidence outweighed that in aggravation in order to be required to recommend a life sentence in their response to the second special interrogatory submitted to them in the penalty phase.
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