(DOWNLOAD) "State of Louisiana v. Elliot Joseph David" by Supreme Court Of Louisiana * Book PDF Kindle ePub Free
eBook details
- Title: State of Louisiana v. Elliot Joseph David
- Author : Supreme Court Of Louisiana
- Release Date : January 10, 1983
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 64 KB
Description
Before we can affirm the imposition of a death penalty in the face of an error in the capital sentence hearing, we must be able to say beyond a reasonable doubt that the error made no difference to the jury in deciding whether to recommend a sentence of death or life imprisonment. The error here was too fundamental for us to conclude that it was harmless. Contrary to law and a basic tenet of our capital sentencing statute, the jury was told it must recommend a death penalty if an aggravating circumstance exists. Our statute provides intead that the jury always has the discretion to reject the death penalty as inappropriate and recommend a life sentence without parole, probation or suspension of sentence. Since there was no doubt an aggravating circumstance existed in this case, the jury having been required to find one in order to convict the defendant of first degree murder, the judge's instruction was tantamount to a directed verdict of a death sentence. Such an instruction is plainly erroneous and at cross purposes with our law which entrusts solely to the jury the function of selecting the appropriate penalty in a capital case. In effect, the judge's instruction erased for this defendant most of the distinction between the constitutionally approved procedure and the mandatory death penalty law which the United States Supreme Court declared unconstitutional in Roberts v. Louisiana, 428 U.S. 325 (1976). Accordingly, the jury's recommendation and sentence based on this egregious error must be set aside and the trial court must be ordered to conduct a new penalty hearing before a properly instructed jury. SUPREME COURT OF LOUISIANA 1983.LA.1359