Duvall v. State

PARKS, Judge,

specially concurring:

For the reasons stated in my separate opinion in Fox v. State, 779 P.2d 562, 579 (Okl.Cr.1989), I continue to view the so-called “anti-sympathy” instruction in the second stage of trial unnecessary and confusing to the jury where mitigating evidence has been introduced. I also reiterate my opinion that the “especially heinous, atrocious or cruel” aggravating circumstance is unconstitutionally vague both on its face and as applied. See Foster v. State, 779 P.2d 591, 594 (Okl.Cr.1989) (Parks, P.J., specially concurring). As a matter of stare decisis, however, I…