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...279. McCLESKEY v. KEMP, SUPERINTENDENT, GEORGIA DIAGNOSTIC AND CLASSIFICATION CENTER CERTIORARI T...Decisions since Furman v. Georgia, 408 U.S. 238 , have identified a cons... significant drop in the statistical significance of race. In the court's view, this undermined the ...
... Georgia , 433 U. S. 584, which barred the use of the death... as the basic mores of society change." Furman v. Georgia , 408 U. S. 238, 382. Under the prece... death penalty legislation, it is of significance that, in 45 jurisdictions, petitioner could not be...
...Gregg v. Georgia: The Court's First Application of the Two-Part Pro... unconstitutional four years earlier in Furman v. Georgia. (33) In assessing the proportionality ... found these numbers to "carry little significance." (131) Rather, the plurality argued "the very con...
... Today, its practical significance lies in the limitations which it implies upon the ...Georgia , the Court ruled that its original jurisdiction ...Id. at 304. . Furman v. Georgia, 408 U.S. 238 (1972). The new law was s...
...Georgia, 446 U.S. 420, 426, distinguished. Walton's challe... irreconcilable with the principle of Furman v. Georgia, 408 U.S. 238 - that a sentencer's di... evidence by defining the weight or significance it is to receive - for example, by making evidence...
...That statute, as amended following Furman v. Georgia, 408 U.S. 238 (where this Court held t... loses virtually all its significance in this case. . [Footnote 10] The factor relevan...
The common-law rule of consistency prevented a defendant's conviction upon the acquittal of all confederates for a crime requiring multiple parties. Though most federal circuit courts of appeal pronounced the rule dead after a series of Supreme Court decisions ending in United States v. Powell, the Sixth Circuit recently invoked the rule in Getsy v. Mitchell to reverse a death sentence returned against a hired murderer-a decision subsequently reversed on en banc review. This Note highlights the ways in which the common-law rule, as well as variations of the type presented in Getsy, are ill-suited to today's sentencing system-problems that result chiefly from the rule's ability to operate on partially inconsistent verdicts. This Note concludes with a proposal for a "clear-inconsistency r...
... desirable-under the Supreme Court's post- Furman v. Georgia 17 capital-sentencing jurisprudence. .....03(D)(1), a juror should realize the significance of the two- stage process. . See Muller, supra...
... which the death penalty may be applied, Furman v. Georgia, 408 U. S. 238 (per curiam), is us... circumstances has the same legal significance as a finding of three, and invalidation of one is ...
... . In a bifurcated trial in a Georgia state court, a jury found respondent guilty of mur... scheme invalid under the holding in Furman v. Georgia, 408 U.S. 238 . Under Georgia's scheme... varying conclusions concerning the significance of the invalidation of one of multiple aggravating...
...447, 454. violate the requirements of Furman v. Georgia, 408 U.S. 238 (1972). Finally, the c... We do not denigrate the significance of the jury's role as a link between the community...
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