Death Penalty Upheld in Oklahoma Double Murder Case

U.S. v. Fields, -- F.3d --, 2008 WL 483281 (10th Cir. 2/25/08) - the federal government properly exercised concurrent territorial jurisdiction in this death penalty double murder case on national forest land. Prospective juror who said he could only support the death penalty in extreme cases was substantially impaired in his ability to consider the death penalty and was properly excused for cause. The COA rejected numerous claims re: weighing of aggravating and mitigating factors. Any errors re: consideration of those factors as a whole instead of count-by-count were invited by counsel and not subject to review. There was sufficient evidence to support the jury's finding of the substantial planning and premeditation and future dangerousness aggravators. The aggravators relating to infliction of anguish or other special suffering on a victim were not overbroad or preempted by the statutory aggravator for murder committed in a heinous, cruel, or depraved manner. Any error in admitting victim-impact evidence re: friends, co-workers, and community was harmless. The jury was not required to find beyond a reasonable doubt that the aggravating factors sufficiently outweighed the mitigating factors to justify a death sentence.