No. 66060
Precedential
Processed
State v. Berry
Also decided on this docket: La., December 19, 1980 391 So. 2d 406
State v. Berry, 396 So. 2d 880 (La. 1981).
Authorities cited
Identified automatically; this list may not be exhaustive.
- State v. Berry 391 So. 2d 406
Opinion text
DENNIS, Justice, concurring in part and dissenting in part on original hearing. I respectfully concur in affirming the conviction and dissent from affirmance of the death penalty, 391 So.2d 406 . The trial court committed reversible error in the sentencing hearing by allowing the prosecuting attorney in closing argument to appeal to the fear and passion of the jury and to invite the jury to denigrate its responsibility in deciding whether death is the appropriate penalty because of this court’s appellate review.