This section contains the nature of the case and procedural background.

Gardner (D) was convicted of first-degree murder for killing his wife. The sentencing hearing was held later the same day. The State (P) merely offered two photographs of D as aggravating circumstances, otherwise relying on the trial testimony. D, as a mitigating circumstance, introduced evidence that he was intoxicated and did not remember the assault. After the jury retired to deliberate, the trial judge ordered a presentence investigation of D. Later, the jury returned and recommended a life sentence. The presentence report was completed 18 days later. Two days later, the judge entered a judgment sentencing D to death. D appealed, claiming that this report should not have been used to sentence him to death since it was confidential and not disclosed to D.

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