Bishop v. State

Respectfully, I dissent from that part of the majority opinion which holds, “the sentencing tribunal did not err when it did not delve into the mitigating evidence referred to by the standby counsels.” Although I have no quarrel with the imposition of the death penalty per se, the fundamental respect for humanity which underlies our system of justice demands that I acquiesce in the imposition of the penalty only upon a procedurally clean record. My brethren affirm the imposition of the death penalty, in disregard of the critical procedural infirmity which infects this case, and, in my view,…