State v. Sexton
Annotate this CaseDefendant was tried and convicted of two counts of first degree murder and sentenced to death for each offense. The court of criminal appeals affirmed. The Supreme court affirmed in part and reversed in part, holding (1) the trial court erred by admitting detailed evidence of a prior claim of child sex abuse and by allowing references to Defendant's refusal to submit to a polygraph examination; (2) the prosecutor committed misconduct during the opening statement and during the final arguments of both the guilty and penalty phases of the trial; (3) however, the errors were harmless, and therefore, the convictions were affirmed; but (4) because certain of the inadmissible evidence was particularly inflammatory and the prosecution made several inappropriate comments, the sentences of death must be set aside. Remanded for new sentencing hearings.
Court Description: Authoring Judge: Justice Gary R. Wade
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