Capano v. State

RIDGELY, Justice,

for the majority:

Defendant-appellant, Thomas J. Capano, was convicted by a jury of Murder in the First Degree, and was sentenced to death by a Superior Court Judge after the jury advised the Judge by a vote of 11 to 1 that a statutory aggravating circumstance existed which made Capano eligible for the death penalty. This Court affirmed the conviction and death sentence on appeal, specifically rejecting Capano’s challenge to the death sentence because the sentencing judge, and not the jury, determined his eligibility for a sentence of death.1 This Court was guided by the…