Submitting Evidence In a Capital Case

On the question of a proper sentence in a capital case, the trial court must permit a defendant to submit any evidence the defendant feels might be taken in mitigation during his sentencing. Lockett v. Ohio, 438 U.S. 586, 604, 57 L. Ed. 2d 973, 98 S. Ct. 2954 (1978); Ex parte Land, 678 So. 2d 224, 241 (Ala. 1996); Ex parte Hart, 612 So. 2d 536, 541-42 (Ala. 1992), cert. denied, 508 U.S. 953, 113 S. Ct. 2450, 124 L. Ed. 2d 666 (1993). Borden submitted the evidence regarding his mental condition, and the sentencing order indicates that the judge considered that evidence. There is no requirement that a sentencing authority must find the evidence offered by the defendant as a mitigating factor; however, the sentencing authority may not be precluded from considering any mitigating factor. Eddings v. Oklahoma, 455 U.S. 104, 102 S. Ct. 869, 71 L. Ed. 2d 1 (1982); Rutledge v. State, 523 So. 2d 1087, 1103-04 (Ala. Crim. App. 1987), rev'd on other grounds, 523 So. 2d 1118 (Ala. 1988). Clisby v. State, 456 So. 2d 99 (Ala. Crim App. 1983), aff'd, 456 So. 2d 105 (Ala. 1984), cert. denied, 470 U.S. 1009, 84 L. Ed. 2d 391, 105 S. Ct. 1372 (1985).