infirmity used in sentence

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1.793 documents for infirmity used in sentence

- United States v. Granderson, 511 U.S. 39 (1994)
... provides that if a person serving a sentence of probation possesses illegal drugs, "the court s... sentence," nor are those words, unmodified, used elsewhere in the Federal Criminal Code chapter on ... Government's view suffers from a final infirmity. The term "original sentence" refers to the senten...
- U.S. Supreme Court
- Cunningham v. California, 549 U.S. (2007)
... terms of imprisonment: a lower term sentence of 6 years, a middle term sentence of 12 years, or...To remedy the constitutional infirmity, the Court excised provisions that rendered the sy... of the crime," however, "shall not be used to impose the upper term." Rule 4.420(d). In sum, ...
- U.S. Supreme Court
- Eighth Amendment: Further Guarantees In Criminal Cases
... accused will stand trial and submit to sentence if found guilty, then "bail must be set by a court... untrammeled discretion" in juries were being used as vehicles for racial discrimination, and that "d...605 (1982). No such constitutional infirmity is present, however, if failure to instruct on les...
- Constitution of the United States (Annotated)

- United States v. Booker, 543 U.S. ___ (2005)
... the Federal Sentencing Guidelines, the sentence authorized by the jury verdict in respondent Booke... . More important than the language used in our holding in Apprendi are the principles we... these cases finds any constitutional infirmity inherent in any provision of the Sentencing Reform...
- U.S. Supreme Court
- Originalism as an anchor for the Sixth Amendment.
..., it will argue that the Court recently has used originalism to decide both easy cases and hard cas... to an (often severely) increased sentence. But instead of leaving that fact to be pleaded an... system suffered from the same infirmity as Washington State's system. (17) . II. THE RIGHT...
- Harvard Journal of Law & Public Policy
- Vol. 34 Nbr. 1, January 2011
- Smith v. Spisak, 558 U. S. (2010)
...After the Ohio courts sentenced respondent Spisak to death and denied his claims o... in this case, the instructions and forms used here differ significantly from those in Mills: The...The source of this constitutional infirmity, the court decided, was our decision in Mills v. M...
- U.S. Supreme Court
- Jones v. United States, 527 U.S. 373 (1999)
...Petitioner was sentenced to death for the crime of kidnaping resulting in t... to the jury cured the factors of any infirmity as written. Pp. 402-405. THOMAS, J., announced the... term "nonstatutory aggravating factor" is used to refer to any aggravating factor that is not spe...
- U.S. Supreme Court
- Daniels v. United States, 532 U.S. 374 (2001)
...S. C. § 922(g)(1), and his sentence was enhanced under the Armed Career Criminal Act o... their convictions for constitutional infirmity, it does not necessarily follow that a § 2255 mot... for determining whether a conviction later used to enhance a federal sentence was unconstitutional...
- U.S. Supreme Court
- Romano v. Oklahoma, 512 U.S. 1 (1994)
... a copy of the judgment and death sentence he had received during an earlier trial for anothe... judgment, identified more narrowly the infirmity in the prosecutor's remarks: "In my view, the. 9. ... of appellate review could effectively be used as an argument for why those jurors who are reluct...
- U.S. Supreme Court
- Alabama v. Shelton, 535 U.S. 654 (2002)
... convicted of misdemeanor assault and sentenced to a 30-day jail term, which the trial court immed... prison term was imposed, is also valid when used to enhance punishment at a subsequent conviction."...We find no infirmity in that holding. ***. Satisfied that Shelton is en...
- U.S. Supreme Court