“At the beginning of his opening statement at the guilt
phase of the trial, English told the jury there was no way
reasonably possible that they could hear the prosecutions
evidence and reach any other conclusion than Robert
McCoy was the cause of these individuals death. “ (Opinion page 4).
Guilt phase is the trial on the merits. Sentencing phase is after a guilty verdict has been reached and there is a short “trial” to consider the death penalty (must be unanimous) or life (any non-unanimous verdict).