Simmons v. Epps, No. 08-70048 (5th Cir. 2011)
Annotate this CasePetitioner was convicted of capital murder, rape, and kidnapping and subsequently appealed the denial of his petition for habeas corpus. At issue was whether the trial court erroneously allowed the prosecution to submit to the jury an aggravating circumstance without sufficient evidentiary support in violation of the Sixth, Eighth, and Fourteenth Amendments. Also at issue was whether the trial court erred during the sentencing phase of defendant's trial by excluding relevant mitigating evidence in violation of the Sixth, Eighth, and Fourteenth Amendments. The court held that although the "great risk of death" aggravating circumstance was improperly applied to defendant, the error was harmless. The court also held that the trial court's exclusion of a self-made videotape as mitigating evidence was not objectively unreasonable in light of the clearly established constitutional precedent. Therefore, the court affirmed the district court's denial of habeas corpus relief.
This opinion or order relates to an opinion or order originally issued on June 10, 2010.
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