Death penalty: any death penalty statute that does not give the A a chance to present mitigating facts and circumstances is unconstitutional; there can be no automatic category for imposition of the death penalty; the state may not by statute limit the mitigating factors; all relevant mitigating evidence must be admissible or the statute is unconstitutional; only a jury, and not a judge, may determine the aggravating factors justifying imposition of the death penalty
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