State v. Buell

I must respectfully dissent.

At the outset, this court, pursuant to a mandatory provision of the statute, is called upon to review a sentence of death imposed upon defendant-appellant for the kidnapping, felonious sexual penetration and murder of a young girl. There is no question but that a heinous crime was committed, but a reviewing court must never let that fact interfere with the due process protections of law afforded an accused.

As reflected in the majority opinion, eyewitness identification of appellant was hazy, inconsistent, and contrary. Photo identification was not positively made…