Height v. State

CARLEY, Justice.

In accordance with the Unified Appeal Procedure, this Court granted an application for interim review in this death penalty case and identified two issues for consideration: (1) whether the defense can present the result of a police-administered polygraph test as mitigation evidence in the penalty phase of the trial; and, (2) whether the suggested pattern jury charge should be modified so as to identify the “hope of benefit” that affects the voluntariness of an accused’s statement under OCGA § 24-3-50 as his desire to receive a less severe sentence.

1. On January 3, 2001,…