State v. Stallings

*742The opinion of the court was delivered by

Johnson, J.:

Following Darrell Stallings’ conviction on five counts of capital murder, the State sought the death penalty. Pursuant to Stalhngs’ request for allocution and over the State’s objection, the district court permitted Stalhngs to address the sentencing jury on the issue of mitigation of punishment; Stalhngs was not sworn or subject to cross-examination. The jury could not agree on the death penalty, and the court sentenced Stalhngs to five consecutive hard-50 life sentences on the capital murder convictions.

When Stalhngs appealed his…