APPELLATE COURT OPINIONS

The issue in this post-conviction death penalty appeal is whether the jury’s reliance on an invalid aggravating circumstance was harmless error, or whether resentencing is required because there is reasonable doubt that the sentence would have been the same had the jury given no weight to the invalid aggravating factor. The jury relied on a valid aggravating factor, that the defendant had a prior conviction for a violent felony offense (second-degree murder), and an invalid aggravating circumstance, that the victim was killed during the commission of a felony.1

I dissent from the majority's holding that the jury's consideration of the invalid aggravating circumstance was harmless error.  Thos not every imperfection in the deliberative process is sufficient, even in a capital case, to set aside a ... judgement, the severity of the sentence mandates careful scrutiny in the review of any colorable claim of error.

The appellant, Freddie King (petitioner), appeals as of right from a judgment of the trial court dismissing his action for post-conviction relief following an evidentiary hearing. In this court, the petitioner contends (a) his guilty pleas were not voluntarily, intelligently, and understandingly entered and (b) the trial court failed to advise him of his constitutional right against self-incrimination before questioning him during the submission hearing. After a thorough review of the record, the briefs submitted by the parties, and the law governing the issues presented for review, it is the opinion of this court that the judgment of the trial court should be affirmed.

This is an appeal from a summary judgment in a medical malpractice case. The trial 2 court entered an order of summary judgment on behalf of Defendant, Dr. Kenneth Kudsk (“Dr. Kudsk”). Plaintiffs, Josephine Brown ( “Brown”), Whitfield Brown, and Earline Culp, appeal the judgment citing, inter alia, errors in the trial court’s granting of summary judgment when the Plaintiffs’ expert affidavits and deposition testimony were proper responsive proof to the Defendant’s motion for summary judgment. For reasons stated herein, we affirm the trial court’s judgment.