State Ex Rel. Thomas v. Granville

OPINION

BERCH, Vice Chief Justice.

¶ 1 This case concerns the propriety of two jury instructions relating to sentencing in a capital case. The prosecutor requested that the jury be instructed at the close of the penalty phase of the trial that the defendant bears the affirmative burden to prove that mitigation is “sufficiently substantial to call for leniency.” The second instruction advised the jurors to sentence the defendant to life in prison if they had “a doubt” whether a death sentence was appropriate. For the reasons set forth below, we hold that neither instruction is proper.

I. FACTS…