United States v. Honken

MEMORANDUM OPINION AND ORDER REGARDING DEFENDANT’S REQUEST FOR “RESIDUAL DOUBT” INSTRUCTION AT PENALTY PHASE

BENNETT, Chief Judge.

One issue to surface in this case in the course of individual voir dire of potential jurors is whether the defendant is permitted to argue, and is entitled to a jury instruction explaining, that jurors may consider in the penalty phase any “residual doubts” concerning the defendant’s guilt as a mitigating factor in determining whether to impose the death penalty or life imprisonment. The court brought the matter to a head, sua sponte, as early in the proceedings as…