Where a defendant convicted of first-degree murder after a joint trial with a co-defendant challenged his death sentence, including the aggravating and mitigating factors considered by the jury and the instructions received, the defendant did not show that the district court’s refusal to sever the proceedings at the guilt phase allowed the jury to hear evidence that unfairly prejudiced him during the penalty phase, and the defendant also did not show error in the submission of aggravating and mitigating factors, and the judgment is affirmed despite the defendant’s remaining evidentiary challenges.
Judgment is affirmed.
U.S. v. Hall (MLW No. 74321/Case No. 14-2742 – 19 pages) (U.S. Court of Appeals, 8th Circuit, Stras, J.) Appealed from U.S. District Court, Western District of Missouri, Fenner, J. (Frederick A. Duchardt Jr., Trimble, argued for appellant; Robert Delano Lewis appeared on the brief) (Francesco Valentini, Washington, D.C., argued for appellee).