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4n6yah

Junior Member
Hello everyone! I know this is a long shot. But I need some help with some homework of mine and I thought that perhaps you guys could provide some new eyes in case Im missing anything. This is a made up case, I need help finding the procedural issues present. Thank you so much!!:)


Nate Akilar is a 17 year old male charged with the premeditated murder of Cherese Consort, a 17 year old female. The State seeks the death penalty. Cherese had gained a reputation for sexual promiscuity in the small rural town where the two had known each other for several years. Nate met with Cherese at a bar, danced with her, then they left the bar together and went to see a movie which featured sex and violence. During the movie, they each had four or five drinks from a bottle of tequila. Nate made several sexual overtures over the course of the evening which were not exactly rejected. As the evening drew to a close, Nate drove his vehicle to a deserted area and parked. Cherese expected Nate to drive her home, and at this point clearly rejected any further sexual advances. Nate grew impatient, and even violent prompting Cherese to call Nate some crude names, and slap him across the face. Nate lashed back in anger, causing Cherese to fall out of the vehicle and strike the back of her head against a rock, splitting her skull. Nate buried the body, which was found several weeks later in a state of decomposition. DNA evidence recovered from the vehicle, in conjunction with eye-witness testimony attesting to the fact that Cherese was last seen alive in the company of Nate, led to Nate’s arrest, prosecution, and conviction. Nate has two prior criminal convictions which the prosecution has offered into consideration at the sentencing stage. The first prior conviction, that of a simple assault had been adjudicated as such because of Nate’s mild mental retardation. The second conviction, that of aggravated assault, was also adjudicated as such on a similar basis.

The jury recommends life imprisonment. The trial court overrides that recommendation and imposes the death penalty.

Analyze all procedural issues presented. What result?
 



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