State v. Brooks

Appellant has raised eighteen propositions of law. We have reviewed each and have determined that none justifies the reversal of appellant’s convictions for aggravated murder. However, appellant’s proposition of law regarding faulty jury instructions in the sentencing phase does have merit.

Particularly, the trial judge’s instruction that the jury was required to determine unanimously that the death penalty was inappropriate before it could consider a life sentence was reversible error. We therefore affirm appellant’s convictions but reverse the sentence of death.

Evidentiary Issues

Appellant’s…