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Death Metal As Evidence (II)
Highest Court Supreme Court of Oregon
Year Ended 2011
Plaintiffs State Prosecutor(s)
Defendants Individual(s)
Other Deicide
Short Description Over ten years after the lawsuit discussed in "Death Metal As Evidence," wherein several fans of death metal bands Deicide and Cannibal Corpse murdered and violently assaulted employees at a convenient store and the Defendants' interest in death metal and murder was presented as evidence at trial, one of the perpetrators, serving a life sentence, murdered another inmate and was sentenced to death. In a reprisal of his earlier trial, Defendant argued that the prosecutors' presentation of his Satanism and preference for death metal during the penalty phase of his murder trial was not relevant and should have been excluded. As in the earlier suit, the court found that Defendant's death metal-ness may have provided a motivation (even if one among many) for committing the murder, and was thus relevant for jury consideration, and that admitting it was not overly prejudicial. In deciding Defendant's proper punishment, the jury was properly allowed to consider it as aggravating evidence. Defendant's death sentence was affirmed. How appropriate. - LSW

Legal Issues
Constitutional Law First Amendment Lyrics as Evidence
Criminal Law Criminal Procedure Evidence & Hearsay
  Homicide Murder & Manslaughter


Opinions State v. Brumwell
249 P.3d 965
Supreme Court of Oregon , March 25, 2011 ( CC 04C46225; SC S054854 )


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Related Searches Parties
Deicide ( Other )
Individual(s) ( Defendant )
State Prosecutor(s) ( Plaintiff )

Legal Issues
Constitutional Law / First Amendment / Lyrics as Evidence
Criminal Law / Criminal Procedure / Evidence & Hearsay
Criminal Law / Homicide / Murder & Manslaughter

Courts
Supreme Court of Oregon (highest court)


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