St. Clair v. Commonwealth

I concur in the majority opinion’s affir-mance of the jury’s verdict of guilt in this case (though not with its analysis of the evidence relating to the Van Zandt deposition) and in its reversal for a new penalty phase trial. However, I dissent from the majority’s conclusion that Appellant is eligible for the death penalty in this case.

I. VAN ZANDT DEPOSITION.

At the time of trial, Bylynn Van Zandt, Appellant’s former wife, lived in Durant, Oklahoma. Less than two weeks before trial, the Commonwealth petitioned the trial court for a certificate to obtain her attendance as a witness at trial.…