Green v. State

LUMPKIN, Presiding Judge,

concurring in result:

I agree with the Court’s statement of the law and record in this case. Therefore, the result reached is properly supported. However, this Court should not abdicate its authority and responsibility to adjudicate issues as a proper part of the appellate process. This is a ease which presents a complete record, thus allowing the Court to reweigh the remaining aggravating circumstances against the mitigating evidence. We should not shirk this responsibility. I would reweigh in this case and determine the validity of the sentence of death.

The Court cites Mills v. Maryland, 486 U.S. 367, 108 S.Ct. 1860, 100 L.Ed.2d 384 (1988). I continue to point out the Oklahoma sentencing process is distinctively different from that utilized in Maryland. Therefore, the utilization of a citation to Mills is limited in its application to the Oklahoma law and procedure for sentencing in a capital case.