Calloway v. StateAnnotate this Case
Defendant was convicted of five counts of first-degree murder, armed robbery, armed kidnapping, and armed burglary with an assault or battery. The jury recommended a sentence of death for each count of first-degree murder by a vote of seven to five. The Supreme Court affirmed, holding (1) the trial court did not abuse its discretion by limiting the scope of voir dire; (2) the trial court erred when it failed to conduct a Frye hearing, but the error was harmless; (3) the remaining allegations of error regarding the trial court’s evidentiary rulings failed; (4) the State did not impermissibly shift the burden of proof to Defendant during its guilt phase closing statements; (5) the trial court acted within its discretion to prevent an improper argument proffered by defense counsel during the closing statement of the penalty phase; (6) substantial evidence supported Defendant’s convictions; but (7) Defendant was entitled to a new penalty phase pursuant to Hurst v. State. Remanded.