jury trial penalty

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More than 10.000 documents for jury trial penalty
  • Finding a parking spot in downtown Santa Fe on Friday may be harder than usual as lawyers in a high-profile Albuquerque criminal case begin a massive jury-selection process. The 3,151 jury qualification questionnaires that the state District Court jury clerk's office mailed out to local residents is unprecedented in New Mexico, and court clerks here expect to funnel 2,000 potential jurors through the Santa Fe Community Convention Center on Friday.

  • Since 1976, the U.S. Supreme Court has required that death penalty regimes meet two requirements. First, in order to minimize arbitrariness in the imposition of the death penalty, states must reserve capital punishment to a narrow class of offenders, those most deserving of death. States have done so by requiring that the prosecution prove at least one aggravating factor, i.e., some circumstance that separates the capital defendant on trial from those ineligible to be executed. Second, states must allow for individualization in sentencing by permitting the defendant to introduce mitigating evidence in order to persuade the jury that he is undeserving of death. The outcome has been that the penalty phase of the typical capital trial results in a flood of information from both prosecution...

  • The trial court did not err in overruling Appellant’s motion to dismiss the death penalty specification. The fact that the jury deadlocked in the penalty phase of Appellant’s prior trial did not constitute an acquittal for double jeopardy purposes. The trial court also did not abuse its discretion in refusing to instruct the jury on Reckless Homicide, because the evidence presented at trial would not reasonably support both an acquittal of Aggravated Murder and a conviction upon the lesser included offense of Reckless Homicide. Further, the trial court did not err in overruling a defense objection to the State’s use of its second peremptory challenge. The trial court’s ruling on the State’s alleged discriminatory intent was not clearly erroneous. In addition, the trial court did no...

  • PHOENIX - The jury in Jodi Arias murder trial was dismissed Thursday after failing to reach a verdict against the woman they convicted of murdering her one-time boyfriend in a case that captured headlines worldwide with its sex, lies and violence. A new panel likely will be seated to try again to reach a decision on a sentence - unless the prosecutor takes death off the table and agrees to a life sentence. The judge scheduled a retrial for July 18. "Sorry, one female juror mouthed to the family of the victim, Travis Alexander. - The Associated Press Arias, who has said both that she wanted to live and wanted to die, looked visibly upset with the jurys decision. Before it was announced, she sobbed in the courtroom. Her family didnt attend Thursday but has been present for much of the tr...

    ...The verdict brings a close to the trials penalty phase, which featured dramatic statements by ...

  • SAN BERNARDINO - The fate of the Old Fire arsonist was handed over to a jury Thursday. Lawyers wrapped up the penalty phase of the trial for Rickie Lee Fowler by delivering their closing statements inside a San Bernardino Superior courtroom.

  • Westmoreland County Judge Rita Hathaway on Thursday rejected an effort from defense attorneys to delay the capital murder trial of a former McKeesport man accused in the torture slaying of a mentally disabled woman two years ago. The judge met for about three hours behind closed doors with the prosecutor and the defense team for Ricky Smyrnes in preparation for next month's death penalty trial. Jury selection is slated to begin on Oct. 15.

  • A jury has been seated for the penalty phase trial of a former Swissvale man convicted for his role in the 2010 torture slaying of a mentally disabled Mt. Pleasant woman. Six men and six women will decide whether 22-year-old Melvin Knight should be put to death by lethal injection or sentenced to life in prison without the possibility of parole.

  • ... provides for an enhanced sentence if a trial judge finds, by a preponderance of the evidence, ... requires that a bias finding be proved to a jury beyond a reasonable doubt. The State Supreme ... requires that any fact that increases the penalty for a crime beyond the prescribed statutory ...

  • Prosecutors have decided not to pursue the death penalty for Samuel Charles Wright, who was convicted this year of killing an elderly man and his daughter in 2002 at their Lake Arrowhead vacation home. Deputy District Attorney Robert Bulloch recently announced that he would not retry the penalty phase of Wright's trial after a jury deadlocked in March on whether he should receive the death penalty or spend the rest of his life in state prison without the possibility of parole.

  • FLORHAM PARK - Kenrick Ellis is the kind of pick that has come to symbolize the Rex Ryan Jets, in which character concerns always seem to take a back seat to raw talent. Ellis has an incredible combination of size and talent, but there are many reasons why the 6-foot-5, 333-pound defensive tackle from Hampton was available with the 94th overall pick. He has had a string of off-the-field issues and, according to reports, is facing a July jury trial for an assault charge that could carry a penalty of 20 years in prison.

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