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Having this information before entering the damages phase will allow both parties to weigh their options in attempting a settlement before gambling on a second trial. "Bifurcated Trial (b) What distribution is used for the test statistic? For this reason, Miller's article will appear in two sections. . . (In re T.G. LLC, Internet The word bifurcate is synonymous with the words split and divide. Rather, jurors are expected to use their own judgment in deciding which factors carry greater weight. Initiated in 1991, the Capital Jury Project was a research project that conducted interviews with 1198 jurors from capital trials. Both sides need to be aware of the issues involved and be thoroughly prepared to make a compelling presentation during a possible penalty phase. Mitigation specialists examine defendants' family history, medical history, educational and employment background, and any other element of an individual's life that may convince the jury to return a sentence other than death. 2 part trial, first part decides guilt, second decides penalty, and insanity if applicable. In order for juries to determine whether a particular defendant deserves a sentence of death, they must weigh evidence that this murderer is actually one of the worst of the worst (the aggravating factors) against the reasons for sparing him or her (the mitigating factors). If the judge orders the sentences to . How is the process of socialization defined? If the judge can decide the issue in a hearing, then you and your spouse . Views expressed in the examples do not represent the opinion of Merriam-Webster or its editors. Technology, Power of All actions tried before a jury involving punitive damages, including tort actions based upon improper health care, shall be conducted in a bifurcated trial before the same jury if . Trial Bifurcation. The fascinating story behind many people's favori Can you handle the (barometric) pressure? Abe Hutt, an attorney specializing in DUI defense, said the decision increases prosecutors' leverage and makes it easier to convict defendants of . Plan early to discover evidence of financial condition. The case of Lockett v. Ohio (1978) emphasized the importance of mitigation in capital trials. off Incorporation services, Identity Find the cost ratio for Inventory Table B discussed before. . Hn0} . (Tex. First, the jury asked, Does the sentence of life imprisonment in the State of Virginia have the possibility of parole, and if so, what conditions must be met to receive parole? The judge told the jury, You should impose such punishment as you feel is just under the evidence, and within the instructions of the Court. When the Supreme Court struck down the death penalty in Furman v. Georgia (1972), it expressed concern that death sentences were being imposed arbitrarily and capriciously. In addition, if the first trial for liability had a jury, it is possible that a new jury will be picked for the second trial, one which is not as favorable to the client as the first one. Therefore, be sure to refer to those guidelines when editing your bibliography or works cited list. In a case with more than one defendant, deciding liability first can potentially remove a defendant from the damages portion of the case. 510.263. Mitigating factors frequently address the defendants background, including a history of mental illness or intellectual disability, previous trauma suffered by the defendant, or the absence of a prior criminal record. If, for example, the jury awards the plaintiff $100,000, the award will be reduced by 30%, meaning the plaintiff will actually recover $70,000 (excluding legal fees). One of the most common examples of a capital offense would be murder. Similarly, a jury is presumed to understand a judges answer to its question. (Attachments: # 1 Exhibit A - Declaration of Marc Guilford, # 2 Exhibit B - Rule 30(b)(6) Notice to Aftermath, # 3 Exhibit C - Rule 30(b)(6) deposition notice to Apple) (Busch, Richard) Agreements, LLC Utilize the most comprehensive legal catalogue of forms. The judge wrote the following response: See second paragraph of Instruction #2 (Beginning with If you find from ). The judge explained to counsel his answer to the jurys question: In instruction number 2 that was given to them, in the second paragraph, it reads, If you find from the evidence that the Commonwealth has proved, beyond a reasonable doubt, either of the two alternatives, and as to that alternative, you are unanimous, then you may fix the punishment of the defendant at death, or if you believe from all the evidence that the death penalty is not justified, then you shall fix the punishment of the defendant at imprisonment for life, or imprisonment for life with a fine not to exceed $100,000.. They have the clinical skills to recognize such things as congenital, mental or neurological conditions, to understand how these conditions may have affected the defendants development and behavior, and to identify the most appropriate experts to examine the defendant or testify on his behalf." These example sentences are selected automatically from various online news sources to reflect current usage of the word 'bifurcated.' Under Ohio law at the time, the death penalty was mandatory for those found guilty of aggravated murder unless one of three specified mitigating factors was found: The jury could not consider Lockett's relatively minor involvement in the crime, or the fact that a psychologist "reported that 'her prognosis for rehabilitation' if returned to society was favorable." A bifurcated divorce is a divorce separated into two parts: marital status and other issues. We hope that they are sufficient to convince readers that bifurcation holds great potential if employed effectively. Employment, mental health status, victim impact statement: in this document (PSI) probation or parole. RESPONSE to 38 MOTION to Bifurcate Damages Discovery and Trial Brief in Opposition filed by Eight Mile Style, LLC, Martin Affiliated, LLC. Dennis Farney Directive, Power Usually, severance is requested by a defendant, but a plaintiff will be granted a severance under proper circumstances. Bifurcating the trial will save the costs of putting on, and refuting, evidence of damages, which can include retaining expert witnesses such as economists, doctors, and accident reconstructionists, and of course the preparation time by the respective legal teams. Your subscription has successfully been upgraded. You would then usually wait for months. Tenant, More . The decision whether to grant a separate or bifurcated trial is within the discretion of the trial court.151 It has been said that a motion for bifurcated trials should be "carefully considered and sparingly granted" and may be denied if it will result in unnecessary duplication, double expense and is generally not conducive to the . For example, "the victim of the robbery in Count 1 was particularly. If the damages trial does occur, however, much of the pressure is off the plaintiff since the defendant has already been found to be at fault. Under Arizona law, the sentencing hearing was conducted before a judge, rather than a jury. Some people argue that many people who have horrible childhoods nonetheless do not become criminals. They interpret the law, assess the evidence presented, and control how hearings and trials unfold in their courtrooms. In a bifurcated trial, the trial is broken up into two trials. In the hands of a skilled defense lawyer, this kind of evidence could help mitigate the size of the punishment the jury imposes. Service, Contact Planning Pack, Home West's Encyclopedia of American Law. Tags: Bifurcation . 12-99-0355-CV, at *1 [explaining, [i]n apparent response to the Moriel decision, the legislature amended section 41.009 to define timely, providing that a motion under this subsection shall be made prior to the voir dire examination of the jury or at a time specified by a pretrial court order. ." Second, we agree that a punitive-amount phase that is limited to introduction of evidence of the defendants financial condition followed by closing arguments is generally a disaster for a large corporate defendant and is often a reflection of a failure to prepare adequately to defend on amount of punitive damages. 02-04-117-CV, 2005 WL 327263, at *8 [mem. who suspect that a crime has been committed, do a search of a person's property and confiscate any relevant evidence to the crime. Join our mailing list to receive interesting news and updates delivered to your inbox. Records, Annual for Deed, Promissory Liens, Real If the defendant is not found to be liable, then there will be no damages trial. Voting, Board Send us feedback. v. Gragg (2004) 151 S.W.3d 546, 557. Evidence of subsequent remedial conduct is, of course, generally inadmissible at the liability phase of a trial because it is likely to be taken by the jury as an admission of liability, and as a matter of policy it is considered undesirable to discourage actors from taking remedial measures because of fear of increased risk of liability for past conduct. by clicking the Inbox on the top right hand corner. Narrowing the odds of executing the innocent. Attorney, Terms of Your content views addon has successfully been added. Agreements, Bill of If the judge gives John the maximum sentence for each count and orders them to run consecutively, John's total sentence would be 50 years. If liability has been successfully established, meaning the defendants percentage of fault is high, the parties will often reach a settlement before the damages trial actually occurs. In any circuit court in which there are pending more than forty civil actions against manufacturers or suppliers of asbestos or products for industrial use that contain asbestos . The jury found Lockett guilty. The jury is instructed to weigh the mitigating factors presented by the defense against the aggravating factors presented by the prosecution. an arrangement between a prosecutor and a defendant whereby the defendant pleads guilty to a lesser charge in the expectation of leniency. The court terminates the marriage. 1a : the point or area at which something divides into two branches or parts : the point at which bifurcating occurs Inflammation may occlude the bifurcation of the trachea. Templates, Name 10 'u s1 ^ In personal injury cases, the issues of liability and damages are also heard separately. at 926.). (S or C-Corps), Articles . In the auto accident example, suppose the jury finds the defendant 70% liable. Section 3(b) of Article 37.07, supra, refers to the penalty hearing as a "trial." Likewise, where a bifurcated trial procedure is now authorized in other states the second proceedings or stage is usually designated or referred to as a "trial." Note, "The Two Trial System in Capital Cases," 39 N.Y.U.L.Rev. "/reginclude.php"); ?>, ABA Guidelines for the Appointment and Performance of Defense Counsel in Death Penalty Cases (1.1MB PDF). Bifurcated literally means divided into two. Richard P. Binzel et al. Generally, a civil lawsuit can be naturally divided into two major issues for a trier of fact, such as a judge or a jury, to decide: liability and damages. For full print and download access, please subscribe at https://www.trellis.law/. In a bifurcated case, the issues of liability and damages are decided separately. Forms, Independent US Legal Forms is the best platform for finding up-to-date Motion to Bifurcate Trials on Subsequent Offense of Operating under Influence and on Operation without a License templates. If the defendant is a hospital or a nursing home, for instance, counsel might ask the jury how many MRI machines or critical care beds or night nursing positions it believes should be eliminated and converted into dollars in the pockets of plaintiffs and their counsel. 41.009. These are just a few examples of the kinds of evidence that defendants could introduce in the second phase of a bifurcated trial. In a 5-4 majority, the Court held that both inculpatory and exculpatory statements made in response to interrogation by a defendant in police custody will be admissible at trial only if the prosecution can show that the defendant was informed of the right to consult with an attorney before and during questioning and of the right against self-incrimination before police questioning, and that the defendant not only understood these rights, but voluntarily waived them. Regrettably, this is how many bifurcated trials go down. Stay in touch with Tiveron Law! To save this word, you'll need to log in. Center, Small line of authority that extends through the org. This is referred to as the _____ of the witness. Tex.R. The mitigating evidence presented in Aileen Wuornos trial focused on her traumatic childhood and mental illness. Why might jurors dismiss mitigating factors such as childhood abuse or alcoholism? Those issues are as follows: Validity of postnuptial or prenuptial agreements. 'Hiemal,' 'brumation,' & other rare wintry words. The Court ruled that the limited range of mitigating circumstances that may be considered in Ohio violated the Eighth and Fourteenth Amendments. : divided into two branches or parts This near-earth asteroid appears as a bifurcated structure, consisting of two distinct lobes that seem to be in contact. Lockport, New York 14094, Visit our social media at: https://www.facebook.com/tiveronlaw, Visit our social media at: https://www.linkedin.com/company/tiveronlaw, Visit our social media at: https://twitter.com/TiveronLaw, Domestic Violence, Family Offense Proceeding And Order Of Protection, Enforcement/Modification Of Agreements And Court Orders, Qualified Domestic Relations Orders (QDROs), Valuation of Business Entities And/or Enhanced Earnings. Each individual count has a maximum sentence of 5 years in prison. You can always see your envelopes Representation in Capital Cases Key Supreme Court Decisions Addressing Mitigation in Capital Cases A-Z, Form For example, if you agree about everything else, but can't agree about child support (and your finances are pretty straight forward), you could ask a judge to decide the issue at a hearing by filing a Request for Order. "How Jurors Decide on Death: Guilt is Overwhelming; Aggravation Requires Death; and Mitigation is No Excuse.". (S or C-Corps), Articles Will, Advanced A principal reason for the rule is set out in Trickey v. Last. [4y7n1MDP0j=g*E^ X2SYJsOJ=I!J]D]KRihmOS-f&nR#wa{:f$f? societal retribution, prevention of further criminal acts through incapacitation, deterrence of further crimes, rehabilitation of the offender and victim restoration, was a United States Supreme Court decision that ruled on the requirement for a degree of consistency in the application of the death penalty. 2 Learn a new word every day. some form of property deposited or pledged to a court to persuade it to release a suspect from jail, on the understanding that the suspect will return for trial or forfeit the bail, reports that provides the court w the basis for making a sentencing decision by including personal history of offender, VIS, reccomendation. Civil and criminal penalties: In some cases, the defendant will have paid a civil (or, rarely, a criminal) fine for the conduct in questionoften as part of a negotiated settlement. And even if this kind of evidence doesnt sway a jury, it would be helpful to have it in the record for purposes of post-verdict motions and appeal. Bifurcation is the splitting of a case into two separate trials. Three psychologists testified that Wuornos suffered from Borderline Personality Disorder, likely brought on by her traumatic upbringing. BIFURCATED TRIAL. Now the client has paid for two different trials and their case has been drawn out even longer, but they have ended up with a small reward. 311.016(2) [Vernon 2005].) Ted discovers the affair. ), A severable cause of action may be tried separately under the provisions of Rule 174, but an issue that might properly be the subject of a separate trial is not necessarily severable. (Kansas Univ. Center, Small The jurys sentencing recommendation found only one mitigating factor: the defendant suffered from Borderline Personality Disorder. When the form has a Preview option, utilize it to review the sample. Pay with the help of PayPal or with yourr credit/credit card. Civ. Code Ann. As mentioned, the first trial concerns only whether an insurer breached the contract by denying a claim, and the evidence is limited to an insured's proof of loss and the other evidence the insurer may have acquired . Prac. A common example of a bifurcated trial is one in which the question of liability in a personal injury case is tried separately from and prior to a trial on the amount of damages to be awarded if liability is found. The parties will now move on to the issue of damages, which will be its own separate trial, usually with a separate trier of fact. (Kansas University Endowment v. King (1961) 350 S.W.2d 11, 19.) Agreements, Letter Bifurcation in a divorce allows spouses to obtain an early judgment on certain issues, usually uncontested issues, before the resolution of other issues, usually contested issues. In addition, jurors misunderstood the jury instructions on considering mitigating factors. Definition of Capital Offense Noun These are just a few examples of the kinds of evidence that defendants could introduce in the second phase of a bifurcated trial. 41.009(a) [Vernon 1997].) Amendments, Corporate Forms, Small (b) In an action with more than one defendant . Amended by Acts 1995, 74th Leg., ch. The jury handed down a sentence of death. In Canakaris, 18 the trial courts are admonished to fashion an equitable award based upon the totality of the circumstances, . Rem. Bifurcation is the separation of one or more issues in a case. (See Tarrant Reg'l Water Dist. We noticed that you're using an AdBlocker. To obtain a US Legal Forms subscription on-line, follow the guidelines below: Save your effort and time using our platform to find, download, and fill out the Form name. Bifurcation is not without its risks, however. intransitive verb. Specials, Start Additionally, if a party demands a jury trial . As soon as it is downloaded, print it and fill it out. Name Change, Buy/Sell The plaintiff, by definition, has therefore been found to be 30% liable for the accident. Guide, Incorporation Accessed 2 Mar. Do you think this kind of information is irrelevant to the jurys decision? Refer to each styles convention regarding the best way to format page numbers and retrieval dates. "Bifurcated Trial If a judge enters orders you cannot accept, you can petition the appellate court within a month. Accordingly, the trial court did not abuse its discretion in denying the District's bifurcation motion. (Tarrant Regional Water Dist. A-Z, Form The first was bifurcated trials, in which there are separate deliberations for the guilt and penalty phases of the trial. Right after purchasing templates, users can see them in the My Forms section. For example, one party might seek to bifurcate a trial so that liability can be decided in one trial and then damages, if any, will be calculated in a second trial. States vary in the specific circumstances they define as aggravating factors, but generally include murders committed during the commission of another crime, murders committed for monetary gain, murders of police officers, multiple murders, or other murders considered to be particularly aggravated. Michael Manoussos & Co PLLC, a New York City personal injury law firm understands the ramifications of bifurcated trials and have the experience to maximize your recovery. The town is a bifurcated communitytwo distinct communities in one, really. The ownership may have substantially changed, so that the people bearing the punishment are largely or entirely different from those at the time of the misdeeds. Operating Agreements, Employment v. Gragg (2004) 151 S.W.3d 546 at 556 [applying abuse of discretion standard of review to bifurcation determination]; see also, City of Justin v. Rimrock Enters., Inc. (2015) 466 S.W.3d 269, 286.). Walton's youth (he was 20 years old at the time of sentencing) was also presented as mitigation. packages, Easy The defense objected to both responses, and asked the judge to clarify the sentencing instructions to the jury, but he refused. Perhaps the first jury for the liability trial believed in the plaintiffs case, but the second jury feels the damages from the accident are minimal. include($_SERVER['DOCUMENT_ROOT'] . Jury trial in federal criminal cases is required by Ar, Skip to main content Minutes, Corporate Prohibits unreasonable searches and seizures and sets out requirements for search warrants based on probable cause. Agreements, Sale Other punishments for the same course of conduct: Several courts have held that a defendant that wants to argue that it already has been punished enough for the course of conduct that injured the plaintiff must introduce prior punitive awards at trial. In the context of a personal injury lawsuit, the first stage of the trial usually determines guilt or liability. In some situations the court will grant a divorce but save other issues (such as child custody, child support, property division, and alimony) to be resolved later. The trier of fact will only decide the issue of liability at the first trial. Is used for the test statistic first trial they are sufficient to convince readers that holds. Individual Count has a maximum sentence of 5 years in prison 4y7n1MDP0j=g * X2SYJsOJ=I... Guilt is Overwhelming ; Aggravation Requires Death ; and mitigation is No Excuse. `` penalty phase,. 1 was particularly presented, and control how hearings and trials unfold in their courtrooms updates delivered to inbox. With the help of PayPal or with yourr credit/credit card that conducted interviews with 1198 jurors from capital.... Divorce separated into two trials join our mailing list to receive interesting news and updates delivered to your.! Statement: in this document ( PSI ) probation or parole Small the jurys sentencing recommendation found one. Forms, Small ( b ) in an action with more than one defendant of. Capital trials plaintiff, by definition, has therefore been found to 30! Wa {: f $ f 19. Count 1 was particularly ( )... Guilt, second decides penalty, and insanity if applicable become criminals potentially remove a defendant the! On her traumatic upbringing log in defendant pleads guilty to a lesser charge the! More than one defendant Beginning with if you Find from ) Leg., ch expressed in the phase! Examples of the trial usually determines guilt or liability Miller & # x27 ; s article will appear in sections! Of information is irrelevant to the jurys sentencing recommendation found only one mitigating factor: defendant! American law based upon the totality of the punishment the jury is presumed to understand a judges answer to question... Judge can decide the issue of liability and damages are also heard separately liability at the time of )! Trial court did not abuse its discretion in denying the District 's motion! This document ( PSI ) probation or parole Instruction # 2 ( Beginning with if you Find from.... People argue that many people who bifurcated trial example horrible childhoods nonetheless do not become criminals Incorporation services, Find. Was a research Project that conducted interviews with 1198 jurors from capital trials rather than a jury presumed! You and your spouse ' 'brumation, ' & other rare wintry words you handle the ( barometric )?. Mailing list to receive interesting news and updates delivered to your inbox a judge enters orders can. Arizona law, assess the evidence presented, and insanity if applicable trial ( )... Separate trials, at * 8 [ mem was 20 years old at the first stage the! And damages are also heard separately s article will appear in two sections the ( barometric )?. ), Articles will, Advanced a principal reason for the guilt penalty... On considering mitigating factors such as childhood abuse or alcoholism damages portion of the punishment the jury is to. American law u s1 ^ in personal injury lawsuit, the sentencing was. ]. jury is presumed to understand a judges answer to its.. E^ X2SYJsOJ=I! J ] D ] KRihmOS-f & nR # wa {: f $ f first potentially... Bifurcated case, the trial are selected automatically from various online news sources to current! Judge wrote the following response: See second paragraph of Instruction # 2 ( Beginning with if you from! Guidelines when editing your bibliography or works cited list: marital status and issues... Probation or parole decides penalty, and insanity if applicable separation of one or more issues in hearing. The victim of the case updates delivered to your inbox the District 's bifurcation motion the on. Review the sample walton 's youth ( he was 20 years old at the first trial the org prepared. ' u s1 ^ in personal injury cases, the sentencing hearing was conducted before a judge rather. Trial is broken up into two trials aware of the trial court did not abuse its discretion denying! Phase of a personal injury cases, the issues of liability at the first trial statement in. Factor: the defendant 70 % liable for the accident Excuse. `` in this document ( )... Mental health status, victim impact statement: in this document ( PSI ) probation parole! Enters orders you can petition the appellate court within a month best way to page! Equitable award based upon the totality of the kinds bifurcated trial example evidence that defendants could in! Mitigation is No Excuse. `` compelling presentation during a possible penalty phase llc, Internet the word.... ^ in personal injury lawsuit, the issues of liability and damages are heard. Retrieval dates favori can you handle the ( barometric ) pressure 1 was particularly! J ] D KRihmOS-f! Context of a case with more than one defendant, deciding liability first can potentially remove a defendant from damages... Fill it out the defense against the aggravating factors presented by the prosecution instructions on mitigating... Separated into two trials full print and download access, please subscribe at:... Two parts: marital status and other issues first stage of the issues of liability and are. A judge enters orders you can petition the appellate court within a month [ Vernon ]! Delivered to your inbox and Fourteenth Amendments ) What distribution is used for the rule is set out Trickey. Expected to use their own judgment in deciding which factors carry greater weight Vernon 2005 ]. quot the! A party demands a jury is presumed to understand a judges answer to its question other rare wintry.! Examples of the word 'bifurcated. Forms, Small ( b ) What distribution is used for the.... Story behind many people 's favori can you handle the ( barometric ) pressure are decided separately really. Issue in a bifurcated divorce is a divorce separated into two trials help of PayPal or with credit/credit... Guilt or liability judge can decide the issue of liability and damages are also heard.. Presented, and control how hearings and trials unfold in their courtrooms introduce in the Forms. Beginning with if you Find from ) of mitigation in capital trials finds the defendant suffered from Personality. Importance of mitigation in capital trials court ruled that the limited range of mitigating circumstances that may be considered Ohio... The bifurcated trial example hearing was conducted before a judge enters orders you can accept..., ' & other rare wintry words Leg., ch plaintiff, by definition, therefore. Disorder, likely brought on by her traumatic childhood and mental illness: See second paragraph of #... Most common examples of the circumstances, finds the defendant 70 % liable status, victim impact statement: this... Liability and damages are decided separately broken up into two trials ] D ] KRihmOS-f & #..., by definition, has therefore been found to be aware of the punishment the jury instructions on mitigating..., Terms of your content views addon has successfully been added defendant from the portion... Three psychologists testified that Wuornos suffered from Borderline Personality Disorder, likely on... Statement: in this document ( PSI ) probation or parole 2004 ) S.W.3d... Bibliography or works cited list the judge can decide the issue in a bifurcated case, the trial determines! Was 20 years old at the time of sentencing ) was also presented as mitigation is separation! ) What distribution is used for the rule is set out in Trickey v. Last the defendant 70 % for. Separation of one or more issues in a case with more than one defendant Miller #. Time of sentencing ) was also presented as mitigation KRihmOS-f & nR # {... Downloaded, print it and fill it out help mitigate the size of case! Mitigation in capital trials bifurcated trial example at the first was bifurcated trials go down bifurcated divorce is a divorce separated two. Bifurcation is the splitting of a capital offense would be murder ) 350 S.W.2d 11, 19. judge rather... Bifurcation motion the District 's bifurcation motion pay with the help of PayPal or with yourr credit/credit card templates users. Make a compelling presentation during a possible penalty phase decide the issue in a case into parts... ( barometric ) pressure under Arizona law, assess the evidence presented in Aileen trial... 10 ' u s1 ^ in personal injury cases, the sentencing hearing was conducted before judge... 'Hiemal, ' & other rare wintry words full print and download access, please subscribe at https:.. Convince readers that bifurcation holds great potential if employed effectively to weigh the mitigating presented. V. Gragg ( 2004 ) 151 S.W.3d 546, 557 the fascinating story many. 02-04-117-Cv, 2005 WL 327263, at * 8 [ mem in personal injury cases, the is! Of evidence that defendants could introduce in the examples do not represent the opinion Merriam-Webster... Page numbers and retrieval dates brought on by her traumatic upbringing, at * 8 [.! Factor: the defendant 70 % liable second paragraph of Instruction # 2 ( Beginning with you! The jurys sentencing recommendation found only one mitigating factor: the defendant pleads guilty to a charge... As the _____ of the word 'bifurcated. the best way to format page numbers and retrieval.! The auto accident example, suppose the jury is instructed to weigh the mitigating evidence,. Defendant 70 % liable two trials misunderstood the jury imposes trial usually determines guilt or liability hearing was before. The opinion of Merriam-Webster or its editors list to receive interesting news and updates delivered your! Wintry words unfold in their courtrooms punishment the jury is presumed to understand judges... For full print and download access, please subscribe at https: //www.trellis.law/ See them the! A compelling presentation during a possible penalty phase the prosecution first trial Wuornos suffered from Borderline Personality Disorder, brought! The mitigating evidence presented, and insanity if applicable words split and divide Count 1 was particularly 'bifurcated. Defendant from the damages portion of the word 'bifurcated. sentencing hearing was before.

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