Capano v. State

VEASEY, Chief Justice, for the majority:

Before this Court is a procedural motion in an appeal pending in a death penalty case. The motion by the defendant-appellant, Thomas J. Capano, is for a limited remand of proceedings to enlarge the record on appeal. The basis of the motion is the contention that an immediate eviden-tiary hearing is needed for this Court to determine whether the conduct of the trial and subsequent death sentence “may have been consciously or unconsciously influenced by a motive or desire by [Judge William Swain Lee, the trial and sentencing judge] to enhance his image…