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Criminal Practice – Murder – Death Penalty – Mitigating Circumstance – Impaired Ability to Understand (access required)

Given the evidence of defendant’s limited intellectual capacity, his chronic depression and his post-traumatic stress disorder, the trial court erred when it failed to submit to the jury the mitigating circumstance that defendant’s capacity to appreciate the criminality of his conduct or to conform his conduct to the law was impaired. We find no error in ...

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