State v. Daniels

I concur with the majority in rejecting defendant’s assignments of error relating to the guilt phase of his trial. I cannot agree, however, *289with the majority’s conclusion that the trial court did not err in admitting the testimony of Dr. White at the sentencing proceeding. I believe this error warrants a new sentencing proceeding.

Since the majority opinion fails to recite thoroughly the evidence presented at the sentencing proceeding I shall summarize that evidence here.

The State’s evidence consisted primarily of the testimony of Dr. Cynthia Bernice White, an expert in psychiatry. Through her…