Pope v. State

1 Analyses of this case by attorneys

  1. Capital Defense Weekly, October 22, 2001

    Capital Defense NewsletterOctober 22, 2001

    gibility for Parole: evidence of other sentences that will reduce parole eligibility, Davis v. State, 512 So. 2d 1291, 1293 (Miss. 1987) (evidence of prior sentence relevant to show that "Davis would be subject to severe punishment even without the death penalty")POLYGRAPH:_ Favorable Polygraph tests admissible, State v. Bartholemew, 101 Wash. 2d 631, 683 P.2d 1079 (Wash. 1984); see also Lankford v. Ohio, 500 U.S. 110, 111 S. Ct. 1723, 114 L. Ed. 2d 173 (1991) (without reaching issue, notes that such results are arguably admissible)REHABILITATION:_ Capacity for rehabilitation: Conner v. State, 251 Ga. 113, 303 S.E.2d 266 (1983), cert. denied, 464 U.S. 865, 104 S. Ct. 203, 78 L. Ed. 2d 177 (1983); Moore v. Commonwealth, 634 S.W.2d 426 (Ky. 1982); Hitchcock v. Dugger, 481 U.S. 393, 107 S. Ct. 1821, 95 L. Ed. 2d 347 (1987) (evidence offered on ability to be rehabilitated); Horton v. Zant, 941 F.2d 1449, 1463 (11th Cir. 1991) ("successfully adjusted to previous stays in prison"); see also Pope v. State, 256 Ga. 195, 345 S.E.2d 831 (Ga. 1986) (right to access to parole file for evidence in mitigation)_ Capacity for, expert testimony: Simmons v. State, 419 So. 2d 316 (Fla. 1982); Pickens v. Lockhart, 714 F.2d 1455, 1467 (8th Cir. 1983) (in finding ineffective assistance, criticizes counsel's "failure to use a psychiatrist or psychologist to . . . testify about his rehabilitation prospects")_ Adaptation to prison life: Skipper v. South Carolina, 476 U.S. 1, 106 S. Ct. 1669, 90 L. Ed. 2d 1 (1986); State v. Watson, 129 Ariz. 60, 628 P.2d 943 (Ariz. 1981) (good behavior in prison); Creech v. Arave, 928 F.2d 1481 (9th Cir. 1991); State v. Copeland, 530 So. 2d 526, 538 (La. 1988) (testimony from assistant warden that defendant had been model prisoner during time between conviction and re-sentencing)_ Specific examples of good acts in prison: Assistance in saving life of fellow inmate, State v. Holtan, 250 N.W.2d 671 (Neb. 1977)_ Evidence of low recidivism, etc., in other similarly situated defendants, State v. Davis, 96 N.J. 611,