State Ex Rel. Carlile v. Frost

In these consolidated cases, the state challenges rulings that the trial court made before the start of a penalty-phase proceeding on remand of a death penalty case. We hold that: (1) the state may appeal the trial court’s order excluding evidence from defendant’s 1 third penalty-phase proceeding; (2) the trial court erred in issuing the order excluding evidence; and (3) the state is barred from seeking a writ of mandamus ordering the trial court to reverse its decision to instruct the penalty phase jury that it may sentence defendant to life imprisonment without the possibility of parole.…