Ledbetter v. State, 933 P.2d 880 (Okla. Crim. App. 1997)

Cases | Ledbetter v. State, 933 P.2d 880 (Okla. Crim. App. 1997) | 2018

The defendant stabbed his estranged wife in the eye with an ice pick, stabbed her several times with a knife, and beat her repeatedly. He was convicted of murder and sentenced to death. On automatic appeal, the defendant argued many issues, including that: 1) the court erred in allowing characterizations of the crime and recommendation of punishment as part of victim impact evidence; 2) parts of the victim impact testimony were either irrelevant or inflammatory; and 3) he received inadequate notice of the victim impact testimony, notice he was entitled to because it is evidence to be used in aggravation. The appellate court found no error in allowing testimony about the victim’s life and personality, how the victim’s death affected the family members, and that the death posed a financial hardship on the family. However, the court held that comments describing the crime, such as that the victim was “butchered like an animal” were improperly admitted. The court also noted similarities between the victim impact testimony offered in this case with that offered in another and held that “the person chosen to prepare a victim impact statement cannot receive aid in the composition of that statement from any outside sources, including personnel in the prosecutor's office or statements gleaned from other texts or sources.” Finally, the court held that “a victim impact statement is nothing more than evidence, subject to the same limitations and procedures as other evidence. . . . [And] when properly requested and ordered by the court, victim impact evidence must ordinarily be turned over to the opposing party at least ten (10) days before trial.” The conviction was affirmed, but the sentence of death was vacated and the case remanded for resentencing.