“(h) If no mitigating factor is present, the court shall impose the sentence of death on the defendant if the jury ... finds by a special verdict as provided in subsection (e) that ... (4) the defendant committed the offense in an especially heinous, cruel or depraved manner....”
“If a defendant intends to introduce expert testimony relating to a mental disease or defect, or another condition bearing upon the issue of whether he had the mental state required for the offense charged, he shall ... furnish the prosecuting authority with copies of reports of physical or mental examinations of the defendant made in connection with the offense charged, within five days after receipt thereof....”
“(b) The following matters shall be taken directly to the supreme court ... (3) an appeal in any criminal action involving a conviction for a capital felony, class A felony, or other felony, including any persistent offender status, for which the maximum sentence which may be imposed exceeds twenty years; (4) review of a sentence of death pursuant to section 53a–46b....”
answer: | X | yes | |
no |
answer: | yes | ||
X | no” |
“The excuse given for not calling Dr. Freedman. I don't remember Dr. Borden saying that I asked Dr. Freedman to do one thing for me and/or two things and he only did one thing. I don't remember him saying I called him back and said aren't you going to do these other tests or anything of that nature. My recollection was that apparently Dr. Freedman came up with a diagnosis—I think he testified to it—I think I asked him intermittent explosive disorder. The diagnosis is different from Dr. Borden. And that's why they went to Dr. Cegalis, because Dr. Freedman was not going to support the theory that Dr. Borden wanted to present to this jury.”
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