HB 1214 Capital sentencing proceedings.
Roger J. McClure | all patrons    ...    notes
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Summary:
Capital sentencing proceedings. Permits the sentencing jury in a capital case to hear evidence of the impact the crime had upon the victim's family. This follows the holding of the U.S. Supreme Court in Payne v. Tennessee, 111 S.Ct. 2597 (1991), which overturned prior rulings in Booth v. Maryland, 482 U.S. 496 (1987) and South Carolina v. Gathers, 490 U.S. 805 (1989). Booth and Gathers had held that victim impact testimony and prosecutor comment upon it during a capital sentencing proceeding created an unacceptably high risk that a death sentence would be imposed in an arbitrary and capricious manner (an Eighth Amendment violation).

Full text:
01/25/94  House: Presented and ordered printed  pdf

Status:
01/25/94  House: Presented and ordered printed
01/25/94  House: Referred to Committee for Courts of Justice
02/07/94  House: Assigned to C. J. sub-committee: 1
02/14/94  House: Continued to 1995 in Courts of Justice (22-Y 0-N)
12/08/94  House: Stricken from docket by C. J. (21-Y 0-N)