State v. Northcutt

I respectfully dissent. In my view, the trial court did not err in admitting evidence regarding the victim’s prior leg injury. Furthermore, I disagree with the majority’s conclusion that the solicitor’s conduct during his closing argument rose to the level of a constitutional violation or otherwise requires reversal.

The relevant jurisprudence instructs that “the Constitution requires the jury to make an individualized determination as to whether the defendant should be executed based on the ‘character of the individual and the circumstances of the crime.’ ” Payne v. Tennessee, 501 U.S. 808,…