igation waiver details

What we don't know:

It's not clear if the judge will grant Adams' request to waive the presentation of mitigating factors at his Spencer hearing, which is scheduled for December 1. Typically, both sides will be able to present any final evidence at the Spencer hearing, before a defendant is formally sentenced.

The judge will still have to consider the mitigating factors that the defense presented during the penalty phase of the trial. The judge will make the final decision on Adams' sentence.

The State Attorney's Office declined to comment on the open case, but confirmed that this move is not common.