Krishnamurthy v. Nimmagadda

noting that “[t]he purpose of allocution is to permit the defendant to speak on his [or her] own behalf or present any information in mitigation of punishment” | determining whether the relationship is fiduciary under Section 523(a)(4) is an issue of Federal law for which state law can be consulted | rejecting the notion that torture or serious physical abuse needs further definition | rejecting the notion that torture or serious physical abuse needs further definition | "[i]n a murder case, the trial court must instruct the jury on every lesser included homicide offense supported by the evidence.” | "[i]n a murder case, the trial court must instruct the jury on every lesser included homicide offense supported by the evidence." | “heinous, atrocious, or cruel” is act involving “torture or serious physical abuse beyond that necessary to produce death” [internal quotation marks omitted] | upholding the especially heinous, atrocious and cruel aggravating circumstance