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Criminal Law

: Tenth Circuit Blog

Death Penalty Upheld in Oklahoma Double Murder Case

By Shari Allison

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U.S. v. Fields, -- F.3d --, 2008 WL 483281 (10th Cir. 2/25/08) - the federal government properly exercised concurrent territorial jurisdiction in this death penalty double murder case on national forest land. Prospective juror who said he could only support the death penalty in extreme cases was substantially impaired in his ability to consider the death penalty and was properly excused for cause. The COA rejected numerous claims re: weighing of aggravating and mitigating factors. Any errors re: consideration of those factors as a whole instead of count-by-count were invited by counsel and not subject to review. There was sufficient evidence to support the jury's finding of the substantial planning and premeditation and future dangerousness aggravators...continue to full post

Full post as published by Tenth Circuit Blog on February 26, 2008 (boomark / email).

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