in re winship case brief

1294 results for in re winship case brief

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  • 477 U.S. 79 (1986), 85-215, McMillan v. Pennsylvania

    ... of one of the Act's enumerated felonies, and in each case the Commonwealth gave notice that at sentencing it would seek to ... must be proved beyond a reasonable doubt under In re Winship" , 397 U.S. 358, and Mullaney v. Wilbur , 421 U.S. 684.     \xC2"...         Brief for Petitioners 17, n. 11, petitioners do not contend that the ...

  • 501 U.S. 624 (1991), 90-5551, Schad v. Arizona

    ... prohibiting lesser included offense instructions in capital cases -- did not entitle Schad to a jury instruction on robbery. Beck ... material and what are immaterial, or, in terms of In re Winship , 397 U.S. 358, 364, what "fact[s] [are] necessary to constitute ... with their reasonable view of the evidence." Reply Brief for Petitioner 8. The dissent makes a similar argument. Post at ...

  • 570 U.S. 99 (2013), 11-9335, Alleyne v. United States

    ...2153] Held : The judgment is vacated, and the. case is remanded. Pp. 2159 - 2164. . . ...2310, 132. L.Ed.2d 444 (1995); In re Winship, 397 U.S. 358,. 364, 90 S.Ct. 1068, 25 L.Ed.2d 368 (1970). ...See Brief. for National Association of Criminal Defense Lawyers et ...

  • 421 U.S. 684 (1975), 74-13, Mullaney v. Wilbur

    ... in order to reduce the homicide to manslaughter, in which case the punishment is a fine or imprisonment not exceeding 20 years. ... fact necessary to constitute the crime charged, In re Winship , 397 U.S. 358. To satisfy that requirement, the prosecution in a ... See Brief for Petitioners 10 n. 5. Instead, they bear only on the ...

  • 432 U.S. 197 (1977), 75-1861, Patterson v. New York

    ... to prove beyond a reasonable doubt its nonexistence in each case in which the fact is put in issue if, in its judgment, this would ...         I.         After a brief and unstable marriage, the appellant, Gordon Patterson, Jr., ....          In re Winship, 397 U.S. . 358, 364 (1970). Five years later, in Mullaney ...

  • 526 U.S. 227 (1999), 97-6203, Jones v. United States

    ...4204 . JONES . v. . UNITED STATES . Case No. 97-6203 . United States Supreme Court . March 24, 1999 . ...With him on the briefs were Francine Zepeda and John P. Balazs. .          ... crime beyond a reasonable doubt, as explained in In re Winship, 397 U.S. 358, 364 (1970). The State replied that the challenge ...

  • 397 U.S. 358 (1970), 778, In re Winship

    ... at 30. This case presents the single, narrow question whether proof beyond a reasonable doubt is among the ...567 (1970). 4 Appellee, New York City, apparently concedes as much in its Brief, page 8, where it states:. A determination that the New York law unconstitutionally denies due ...

  • 442 U.S. 510 (1979), 78-5384, Sandstrom v. Montana

    ...supra at 446, which, in a criminal case, the law assigns to the jury. The presumption announced to .... . charged," In re Winship , 397 U.S. 358, 364, and petitioner was deprived of his ...Brief for Respondent 3, 15. These arguments need not detain us long, ...

  • 511 U.S. 1 (1994), 92-8894, Victor v. Nebraska

    ... In re Winship, 397 U.S. 358. In upholding the first degree murder convictions ... defining "reasonable doubt" that were given in both cases. .          Held: .         Taken as a whole, ...Weber argued the cause and filed briefs for petitioner in No. 92-8894. Eric S. Multhaup, by appointment ...

  • 403 U.S. 528 (1971), 322, McKeiver v. Pennsylvania

    ...1, and In re Winship , 397 U.S. 358, which emphasized factfinding procedures, but, in ... court judge may use an advisory jury in a particular case. P. 547.         (e) Many States, by statute or judicial .... . . . Brief for Appellants 9 n. 9. 4 N.C.Gen.Stat. § 110-24 (1966), in ...

  • 515 U.S. 506 (1995), 94-514, United States v. Gaudin

    ...4611 . UNITED STATES . v. . GAUDIN . Case No. 94-514 . United States Supreme Court . June 19, 1995 . . ...With him on the briefs were Solicitor General Days, Assistant Attorney General Harris, ...New York, 432 U.S. 197, 206 (1977); In re Winship, 397 U.S. 358, 364 (1970), each also confirms that the jury's ...

  • 506 U.S. 390 (1993), 91-7328, Herrera v. Collins

    ... in light of the previous 10 years of proceedings in this case. In criminal cases, the trial is the paramount event for ... . vehicle. After the car had stopped briefly at a red light, it signaled that it would pull over and did so. ... In re Winship , 397 U.S. 358 (1970). Other constitutional provisions also have ...

  • 541 U.S. 386 (2004), 02-1824, Dretke v. Haley

    ...'s claim raises the question whether the holding of In re Winship, 397 U.S. 358 -- that each element of a criminal offense must be ... involve threshold constitutional questions, but, as this case illustrates, such claims are likely to present equally difficult ...Brief for Respondent 30-31. These difficult. constitutional questions, ...

  • 508 U.S. 602 (1993), 91-904, Concrete Pipe and Products of California, Inc. v. Construction Laborers Pension Trust for Southern California

    ... is not violated here, because the first adjudication in this case was the arbitration proceeding, not the trustees' initial ... See Brief for Petitioner 28.         Multiemployer plans like the ...          In re Winship , 397 U.S. 358, 371-372 (1970) (Harlan, J., concurring) (brackets ...

  • 425 U.S. 501 (1976), 74-676, Estelle v. Williams

    ..., J., took no part in the consideration or decision of the case. .         BURGER, J., lead opinion. ... In re Winship , 397 U.S. 358, 364 (1970). .         The actual ... 10 Petitioner has contended in his brief and in oral argument that the Court of Appeals' decision in ...

  • 502 U.S. 62 (1991), 90-1074, Estelle v. McGuire,

    ... other offenses, he also committed the crime charged in this case. .         The State Court of Appeal upheld the ...You are responsible." App. 44; Brief for the United States as Amicus Curiae 4. McGuire's wife was ... In re Winship , 397 U.S. 358, 364 (1970); McMillan v. Pennsylvania , 477 U.S. ...

  • 452 U.S. 18 (1981), 79-6423, Lassiter v. Department of Social Services

    ... his presence may cause, and, in some but not all cases, has a possibly stronger interest in informal procedures; and the ... prison, even where the crime is petty and the prison term brief.         That it is the defendant's interest in personal ...Pennsylvania , 403 U.S. 528 (1971); In re Winship , 397 U.S. 358 (1970); In re Gault, 387 U.S. 1 (1967). 9 A ...

  • 530 U.S. 466 (2000), 99-478, Apprendi v. New Jersey

    ... E. g., In re Winship, 397 U.S. 358, 364. The historical foundation for these ...Pennsylvania, 477 U.S. 79, was the first case in which the Court used "sentencing factor" to refer to a fact ...O'Neill argued the cause for petitioner. With him on the briefs were Charles I. Coant, Richard G. Singer, and Jeffrey T. ...

  • 459 U.S. 375 (1983), 81-680, Herman & MacLean & Huddleston

    ...684] misrepresentations and omissions even when, as in this case, that conduct might also be actionable under § 11 of the ...Texas , 441 U.S. 418, 423 (1979). See also In re Winship , 397 U.S. 358, 370-371 (1970) (Harlan, J., concurring). Thus, we ...Plaintiffs have abandoned their § 17(a) claim, Brief for Respondents in No. 81-680, p. 4, n. 6, and the Court of ...

  • 442 U.S. 140 (1979), 77-1554, County Court of Ulster County v. Allen

    ... that the presumption was unconstitutional as applied in this case. Respondents then filed a. . habeas corpus petition in Federal ...Indeed, the State confined its brief on the subject in the Court of Appeals to a string citation of ... See In re Winship , 397 U.S. 358, 364; Mullaney v. Wilbur, 421 U.S. at 702-703, ...

  • 508 U.S. 333 (1993), 91-1738, Gilmore v. Taylor

    ...While his case was pending, the Court of Appeals, relying on Cupp v. Naughten , ... . by cases such as In re Winship , 397 U.S. 358, but rather that the instructions prevented the ... of murder without considering his affirmative defense." Brief for Petitioner 12. According to a unanimous Illinois Supreme ...

  • 416 U.S. 134 (1974), 72-1118, Arnett v. Kennedy

    ...          Held: The judgment is reversed and the case remanded. Pp. 148-171.         349 F.Supp. 863, reversed ... language with respect to being both specific and manageably brief, and it seems to us that, although the prohibitions may not ... See In re Winship , 397 U.S. 358, 368 (1970) (Harlan, J., concurring). Indeed, all ...

  • Proof Beyond a Reasonable Doubt: A Balanced Retributive Account
  • __ U.S. __ (2016), 14-280, Montgomery v. Louisiana

    ... retroactive effect in cases on state collateral review. . .          . ...Bernstein as amicus curiae to. brief and argue the position that the Court lacks. jurisdiction. ... proceedings." In re Winship, 397 U.S. 358,. 378, 90 S.Ct. 1068, 25 L.Ed.2d 368 (1970) ...