Lott v. State, 98 P.3d 318 (Okla. Crim. App. 2004)

Cases | Lott v. State, 98 P.3d 318 (Okla. Crim. App. 2004) | 2018

The defendant pled guilty to raping and murdering two elderly ladies in their homes; he was convicted of two counts of murder and was sentenced to death for each count. On automatic appeal, the defendant argued, among other things, that the trial court erred in admitting victim impact testimony from the granddaughter of one of the victims because she testified as a family designee when family members had already testified. On plain error review, the court of appeals held that, because the “purpose behind a family designee is to give a voice to family members unable to testify in court” and not to “provide an opportunity for those family members not listed in the statute and other interested persons to give victim impact testimony,” the trial court committed error in allowing the granddaughter to testify as a family designee. However, since the granddaughter’s evidence did not improperly tip the scales against the defendant and the jury was properly instructed as to her testimony, there was no plain error. The judgments and sentences were affirmed.