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Good morning Armymom
The point I was trying to make was not that the State couldn't win a murder case, but that it might be very difficult to win a capital murder case. This of course depends upon the facts, but the State MUST, in addition to proving premeditated murder, prove facts that show one of the aggravating factors listed in the statute to get the death penalty(in lieu of a lesser sentence for basic first-degree murder).
I realize that this is clear as mud. Honestly, about 1% of attorneys realize the distinction in capital murder and first-degree murder. And about 1/10th of 1% of attorneys are capable of trying a capital case(in some jurisdictions the attorney has to have capital-case experience to represent a defendant charged with capital murder).
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