Hutto v. State

DICKINSON, PRESIDING JUSTICE,

CONCURRING IN PART AND. DISSENTING IN PART:

In the sentencing phase of a capital murder trial, the stakes are life and death. A defendant is permitted to introduce virtually any relevant and reliable evidence torching upon the defendant’s background and character, or the crime itself, which is offered as a basis to persuade a jury to return a sentence of less than death.19

¶ 135. With the above principle in mind, this Court has stated: “We caution prosecutors and trial judges about limiting mitigation evidence offered by a defendant when it is presented fairly, and…