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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

State v. Brooks, 960 S.W.2d 479 (1997)

Citation
State v. Brooks, 960 S.W.2d 479 (1997)
Parent Document
State v. Brooks, 960 S.W.2d 479 (1997)
Jurisdiction
Missouri (state)
Effective Date
1997-12-23

Other Sections in This Document (214)

Full Text

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The pertinent statute does not require this Court to include such cases in its proportionality review. Cases resulting in convictions for charges less than first degree murder are not cases in which the “sentence of death or life imprisonment without probation or parole was imposed_” Section 565.035.6. Cases in which the death penalty is waived are cases in which the sentencing authority has no discretion; therefore, there can be no arbitrary and capricious sentencing in such eases. They are not similar cases because the focus of such cases is the prosecutor’s exercise of discretion, not the sentencing authority’s choice between life or death.