DEATH PENALTY PROCEEDINGS - BILL OF PARTICULARS
In the sentencing stage of this trial, the State has filed a document called a Bill of Particulars. In this Bill of Particulars, the State alleges the defendant should be punished by death, because of the following aggravating circumstances:
1. The defendant, prior to this sentencing proceeding, was convicted of a felony involving the use or threat of violence to the person;
2. During the commission of the murder, the defendant knowingly created a great risk of death to more than one person;
3. The person committed the murder for remuneration or the promise of remuneration or employed another to commit the murder for remuneration or the promise of remuneration;
4. The murder was especially heinous, atrocious, or cruel;
5. The murder was committed for the purpose of avoiding or preventing a lawful arrest or prosecution;
6. The murder was committed by a person while serving a sentence of imprisonment for conviction of a felony;
7. The victim of the murder was a peace officer or guard of an institution under the control of the department of corrections, and such person was killed in performance of official duty; or
8. At the present time there exists a probability that the defendant will commit criminal acts of violence that would constitute a continuing threat to society.
Notes on Use
The trial judge should list only the aggravating circumstance(s) that were pleaded and supported by evidence during the penalty stage of the trial.