State v. McLaughlin

LAURA DENVIR STITH, Judge.

Scott A. McLaughlin was tried and found guilty of first-degree murder. Because the jury deadlocked on the final step of the punishment phase, the question of punishment went to the trial judge, who imposed a sentence of death. Mr. McLaughlin argues that section 565.030.4 prohibited the judge from imposing any sentence but life imprisonment once the jury was unable to agree upon a punishment. He further argues it was error to instruct the jurors that they were required to unanimously agree that mitigating evidence outweighed that in aggravation in order to be required…