Consistent with due process, defendants should be notified of any and all evidence to be presented during the penalty hearing. Notice of one day given in this case is inadequate to comport with due process requirements. Nonetheless, the court finds the error to be harmless beyond a reasonable doubt as a result of the other known substantial evidence of defendant s planned or attempted escapes. . Because the court is unaware of any authority by which the panel can consider aggravating circumstances in addition to those argued by the state, the court declines to consider those for which no notice was given, but nonetheless finds that the death penalty should stand since the panel specifically found that any one of the aggravating circumstances was sufficient to outweigh the mitigating ones and justify a sentence of death. Therefore the error of the panel in finding the additional circumstances is harmless beyond a reasonable doubt. .
Court finds that the state gave notice almost a full week before the penalty hearing.
Counsel should have had actual knowledge of the information and related information prior to that. The denial of a continuance was not an abuse of discretion .