State v. Rizzo
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Defendant pleaded guilty to murder and capital felony and was sentenced to death. The case was remanded for a new penalty phase hearing, during which Defendant waived his right to have a jury determine his sentence. After the hearing, a three-judge panel again sentenced Defendant to death. The Supreme Court affirmed the sentence, holding (1) Defendant's waiver of a jury for the penalty phase hearing was constitutionally valid; (2) the presiding judge at the penalty phase hearing did not make comments that warranted recusal, and his involvement in earlier proceedings did not give rise to an improper appearance of impartiality; (3) Defendant failed to establish that the absence of a specific intent requirement in the aggravating factor found by the panel rendered his death sentence unconstitutional; (4) the evidence was sufficient to support the panel's finding of an aggravating factor; (5) the panel properly weighed aggravating and mitigating factors and determined that death was the appropriate punishment; (6) Defendant failed to establish that his sentence was the product of passion, prejudice and other arbitrary factors; and (7) the death penalty, as a general matter, does not violate the state constitution.
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