This afternoon, at 1:30, the Court will hear the death penalty case of David Cox v. State.
Cox was married to Kim. They had two sons and she had a 12 year old daughter, L.K. Cox was facing charges related to sexually abusing L.K. and possession of meth precursors. Kim had a restraining order against him. In May of 2010, Cox broke into the house, shot Kim and held Kim, L.K. and one of their sons hostage for hours while Kim slowly bled to death. Meanwhile, Cox raped L.K. three times. Cox was indicted for capital murder, 2 counts of kidnapping, 3 counts of sexual battery, burglary, and firing into an occupied dwelling. He pleaded guilty. A jury sentenced him to death.
On appeal, Cox has raised 14 issues including 1) whether the trial court erred in failing to change the venue; 2) whether Cox’s sentence must be vacated due to a constitutionally tainted jury selection process (race and death qualification); 3) the introduction of inadmissible and Inflammatory evidence; 4) erroneous instructions with regard to aggravating instructions; 5) the denial of Cox’s proposed jury instructions; 6) whether the verdict returned by the jury was sufficient under MCA Sect. 99- 19-101 and 103 to support imposition by the trial court of a sentence of death; whether the death penalty was disproportionate.
Cox’s initial brief.
The State’s brief
The argument can be viewed here.