Newberry v. State
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The Supreme Court affirmed Defendant's sentence of death for the first-degree murder of Terrese Pernell Stevens, holding that Defendant was not entitled to relief on his allegations of error.
Specifically, the Court held (1) the jury instructions were sufficient during the penalty phase; (2) the trial court did not err in concluding that the impaired capacity mitigating circumstance had not been proven; (3) the sentencing order was sufficient; (4) the trial court did not err when it found five mitigating circumstances were established but "not mitigating"; (5) Defendant's death sentence was proportionate; and (6) the trial court did not err in denying Defendant's motion to bar imposition of the death penalty due to intellectual impairment.
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