MONDAY, OCTOBER 6, 1997

Style: Hardy v. State, No. 87,469

Facts: Hardy was convicted of first-degree murder in the killing of a police officer andwas sentenced to death. The evidence showed that after the murder of which Hardy wasconvicted, he shot himself in the head. After his arrest, he spent over a year being treatedfor the resulting physical and mental disabilities.
Claims: On appeal, Hardy argues
(1) that he should have been declared incompetent tostand trial because of mental disability;
(2) that the trial court ruled erroneously on hisobjections to the state's peremptory challenges of prospective jurors;
(3) that evidenceof a statement by Hardy prior to the crime should have been excluded;
(4) that otherevidence should have been excluded on the ground that it was irrelevant;
(5) thatevidence of other crimes or misconduct should not have been admitted at the penaltyphase;
(6) that the trial judge should not have heard the statements of the victim's familybefore sentencing;
(7) that the prosecutor's closing argument on sentencing wasimproper because inflammatory;
(8) that the court erred in finding the "cold, calculatedand premeditated" aggravating circumstance; and
(9) that the death sentence isdisproportionate to the offense.