State v. Charping

I concur in the majority’s affirmance of James Michael Charping’s convictions and sentences for kidnapping, criminal sexual conduct in the first degree, and criminal conspiracy. I respectfully dissent from the majority’s reversal of Charping’s conviction for capital murder and of his death sentence. I do not think the mere failure of the record to reflect a waiver by Charping of his statutory right to make a personal, closing jury argument during the guilt-determination phase of his trial for capital murder and other offenses warrants a reversal of his murder conviction and death sentence. It…