Ex Parte Kyzer

Decided 1981-03-06

Cited by 217 later decision(s) in our corpus · see the citation network in Lexace

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I concur in the result of the opinion to reverse and remand. I acknowledge its scholarly effort to deal with the aggravating circumstance issue at the sentencing hearing on remand to the trial court; but I strongly disagree with both its premise and its conclusion on this issue. The concluding portion of the sentencing provision (§ 13-11-4) states: *Page 340 "If the court imposes a sentence of death, it shall set forth in writi…

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