Capital Direct Appeal • Lack of Significant Criminal History as Mitigating Factor • Sentencing Different Than Co-defendants
Commonwealth v. Knight, PICS Case No. 16-1438 (Pa. Nov. 22, 2016) Dougherty, J.; Mundy, J. (dissenting) (38 pages).
The trial court erred in failing to direct the jury to find the lack of significant criminal history mitigating factor during the penalty phase where the evidence objectively established that appellant had no prior felony or misdemeanor convictions. Judgment of sentence vacated, case remanded for a new penalty hearing.
