a fortiori in a sentence

2412 results for a fortiori in a sentence

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  • 562 U.S. 216 (2011), 10-333, Swarthout v. Cooke

    ... of attempted first-degree murder in 1991, and a California court sentenced him to an indeterminate term of seven years to life in prison with the ...863] the result that the evidence required; a fortiori it is no federal concern here whether California's "some evidence" rule of ...

  • 542 U.S. 406 (2004), 02-1603, Beard v. Banks

    ... [*]        After respondent's murder conviction and death sentence were upheld by the Pennsylvania Supreme Court, this Court decided Mills ...It follows a fortiori that reasonable jurists could have concluded that the Lockett line of ...

  • 796 F.3d 548 (5th Cir. 2015), 14-10932, United States v. Simpson

    Defendant appealed his resentence on several grounds, asserting, among other claims, that 18 U.S.C. 3581(b)(3) imposes a statutory maximum sentence of twelve years for a Class C felony. The court concluded that the district court did not err in imposing 240 months of imprisonment for conspiracy to commit mail and wire fraud and a consecutive sentence of 240 months of imprisonment for obstruction...

    ...1 Simpson was resentenced and now. appeals that sentence on several grounds, asserting, among. other claims, that 18 U.S.C. ... convictions. 29 It follows, a fortiori,. that double jeopardy concerns are not implicated here, where. ...

  • __ U.S. __ (2017), 16-6219, Davila v. Davis

    In petitioner’s state capital murder trial, the court overruled counsel’s objection to a proposed jury and submitted the instruction to the jury, which convicted petitioner. Appellate counsel did not challenge the jury instruction; petitioner’s conviction was affirmed. Petitioner’s state habeas counsel did not raise the instructional issue or challenge appellate counsel’s failure to raise it....

    ... petitioner's conviction and sentence were affirmed. Petitioner's state habeas counsel did not raise the. ...          This. consideration applies a fortiori where the. constitutional claim at issue is ineffective assistance ...

  • 510 U.S. 383 (1994), 92-1500, Caspari v. Bohlen
  • Monitoring the Youth: The Collision of Rights and Rehabilitation

    A monumental shift in juvenile justice is underway, inspired by the wide recognition that incarceration is not the solution to youth crime. In its place, "electronic monitoring" has gained widespread support as a new form of judicial control over youth offenders. Supporters herald it as "jail-togo": a cost-efficient alternative to incarceration that allows youth to be home...

  • 547 U.S. 198 (2006), 04-1324, Day v. McDonough

    ...          Petitioner Day's Florida trial-court sentence was affirmed on December 21, 1999, and his time to seek this Court's ... finality did not compel any time limitation at all, it follows a fortiori that they do not compel making a legislatively created, forfeitable time ...

  • 503 U.S. 222 (1992), 90-6616, Stringer v. Black

    ...Stringer was sentenced to death, the sentence was affirmed by the State Supreme Court on direct ... principle to the Mississippi sentencing process follows, a fortiori, from its application to the Georgia system.         1. ...

  • 560 U.S. 126 (2010), 08-1224, United States v. Comstock

    ... was less protective of state interests than §4248, a fortiori , the current statute does not in­vade state interests. Pp. 143-146, 176 ... jurisdiction of the United States, and direct that all persons sentenced to imprisonment under the laws of the United States shall be confined ...

  • __ U.S. __ (2016), 14-8349, Foster v. Chatman

    During jury selection at Foster’s trial, the state (Georgia) used peremptory challenges to strike all four qualified black prospective jurors. Foster was convicted of capital murder and sentenced to death. The trial court rejected an argument that the strikes were racially motivated, in violation of Batson v. Kentucky. While his state habeas petition was pending, Foster obtained copies of the...

    ... murder and sentenced to death in a Georgia court. During jury. selection at his trial, ... 551, 555, 60 S.Ct. 676, 84 L.Ed. 920 (1940)). A. fortiori, when a State's highest court has denied. relief without any ...

  • 497 U.S. 37 (1990), 89-742, Collins v. Youngblood

    ... in a Texas state court of aggravated sexual assault and sentenced to life imprisonment and a $10,000 fine. After his conviction and sentence ... 5 Indeed, this case is a fortiori...

  • 37 U.S. 657 (1838), State Of Rhode Island v. Com. Of Massachusetts

    ... for hearing and determining those causes.  'And the judgment and sentence of the court to be appointed in the manner before described, shall be ... of the capturing nation, by which alone they are constituted; a fortiori, if such courts were constituted by a solemn treaty between the state ...

  • 500 U.S. 110 (1991), 88-7247, Lankford v. Idaho

    ..., and there was no discussion of the death penalty as a possible sentence at the sentencing hearing, where both defense counsel and the prosecutor ... sentence or a minimum term of more than 10 years would apply a fortiori against a sentence of death. In any event, counsel's presentation was ...

  • 529 U.S. 244 (2000), 99-137, Garner v. Jones

    ... Respondent escaped while serving a life sentence for murder, committed another murder, and was sentenced to a second life ...It follows a fortiori from Morales that the Court of Appeals should not have disregarded the ...

  • Pretrial detention and the right to be monitored.

    ... monitored offenders prefer house arrest to jail." (153) A fortiori, a less intrusive, curfew-less monitoring regime would also be preferable ... into account an element to cover the offsetting of remand against sentence."). In the English 1989-1990 bail pilot study introduced above, the ...

  • DOWN THE FINAL STRETCH: STATE SOCIETAL SETTLEMENTS' RES JUDICATA REPERCUSSIONS.

    ...The provision concludes with the following sentence: "A final judgment upholding the complaint shall additionally bind [those] ...A fortiori, a private litigant may not attempt the vindication all over again of the ...

  • 402 U.S. 183 (1971), 203, McGautha v. California

    ...203 was convicted of first-degree murder in California, and was sentenced to death. The penalty was left to the jury's absolute discretion, and ... on parole revocation or the right to appeal), it follows a fortiori that the constitutional right to be free from the compulsion of ...

  • 2 U.S. 419 (1793), Chisholm v. Georgia

    ... to submit to the authority of the Court; and of lodging the sentence among the acts of Congress for the security of the parties concerned.  ... us; that application will furnish what is called an argument a fortiori; because all the instances produced will be instances of subjects ...

  • 547 U.S. 843 (2006), 04-9728, Samson v. California

    ... . of parole is release from prison, before the completion of sentence, on the condition that the prisoner abide by certain rules during the ...3d, at 461 (observing that the Griffin rationale "appl[ies] a fortiori " to "federal supervised release, which, in contrast to probation, is ...

  • 506 U.S. 20 (1992), 91-719, Parke v. Raley

    ... felony offender under a Kentucky statute that enhances sentences for repeat felons. He moved to suppress the 1979 and 1981 guilty pleas ... and the Solicitor General that Kentucky's procedure is a fortiori constitutional because, with narrow exceptions not applicable here, due ...

  • 755 F.3d 1193 (10th Cir. 2014), 13-4178, Kitchen v. Herbert

    ... same-gender marriages within its own borders demonstrates a fortiori that it need not recognize those solemnized without. Unlike the federal ... which upheld a prohibition on marriage for inmates serving a life sentence. Turner, 482 U.S. at 96; see Butler v. Wilson, 415 U.S. 953, 94 S.Ct. ...

  • 399 U.S. 235 (1970), Williams v. Illinois

    ...         Appellant was given the maximum sentence for petty theft under Illinois law of one year' imprisonment and a $500 ...It follows a fortiori that no conclusion reached herein casts any doubt on the conventional ...

  • 145 F.3d 463 (1st Cir. 1998), 96-2352, Servicios Comerciales Andinos, S.A. v. General Elec. Del Caribe, Inc.

    ...See C. Civ. art. 1361. A fortiori, that evidence can only be evidence that is extrinsic to the contract. If ...The first sentence in the facilitation clause, however, indicates that SECOMAN is to use GE ...

  • 893 F.3d 123 (2nd Cir. 2018), 16-2528, Villanueva v. United States

    ...Hall, Chief Judge), modifying the. sentence of Appellee Richard Villanueva. That judgment brings. up for review ...Our. trepidation should apply a fortiori here, where our Circuit. precedent in Chrzanoski stands for the ...

  • 906 F.3d 307 (5th Cir. 2018), 17-41137, Mejia v. Davis

    ... which could have resulted in the jury giving Mejia a sentence. much lower than the life sentence he received. The court also. ... U.S. at 105, 131 S.Ct. 770. A fortiori, under AEDPA. the state court would not have been "unreasonable". ...