State v. Rogers

In Caldwell v. Mississippi, supra, the United States Supreme Court held that a death sentence is invalid “when the sentencing jury is led to believe that responsibility for determining the appropriateness of a death sentence rests not with the jury but with the appellate court which later reviews the case.” Caldwell, supra, at 323. It is clear that the Mississippi jury was statutorily obligated to determine whether a defendant “should be sentenced to death,” or to life imprisonment. Miss. Code Annot. Section 99-19-101.

In response to the defense counsel’s assertions, the prosecution in…