jury trial penalty
35996 results for jury trial penalty
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397 U.S. 742 (1970), 270, Brady v. United States
...§ 1201(a), which imposed a maximum penalty of death if the jury's verdict so recommended. ...The trial judge accepted the plea after twice questioning ...
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__ 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...
...During jury. selection at his trial, the State used ... opposition to the death penalty, when in fact the record. shows that those ...
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536 U.S. 304 (2002), 00-8452, Atkins v. Virginia
... murder and related crimes by a Virginia jury and sentenced to death. Affirming, the Virginia ... right and wrong and are competent to stand trial, but, by definition, they have diminished ... of these deficiencies, the Court's death penalty jurisprudence provides two reasons to agree with ...
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512 U.S. 1 (1994), 92-9093, Romano v. Oklahoma
... phase of petitioner's first-degree murder trial in Oklahoma, the State introduced a copy of the ...The jury ultimately found that the aggravating ... render the jury's imposition of the death penalty a denial of due process under the analytical ...
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__ U.S. __ (2015), 14-7955, Glossip v. Gross
After Oklahoma adopted lethal injection as its method of execution, it used a three-drug protocol of sodium thiopental (a barbiturate) to induce a state of unconsciousness; a paralytic agent to inhibit all muscular-skeletal movements; and potassium chloride to induce cardiac arrest. In 2008 the Supreme Court held that that protocol did not violate the Eighth Amendment’s prohibition against cruel...
...Anti-death-penalty advocates then pressured pharmaceutical companies ... intermediate court reviews, and affirms, a trial court's factual findings, this Court will not ... were afforded counsel and tried before a jury of their peers--tried twice, once to determine ...
- W.S. 33-23-115 - Penalty; injunction; civil penalty; jury trial
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428 F.3d 738 (8th Cir. 2005), 04-1337, United States v. Purkey
... A jury convicted Wesley Purkey of the kidnapping, rape, ...trial, Mr. Purkey affirmed his statements about the ... During the penalty phase of the trial, the defense submitted and the ...
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667 F.3d 965 (9th Cir. 2011), 08-99025, Gonzalez v. Wong
... the Antiterrorism and Effective Death Penalty Act (" AEDPA" ) . . when the prisoner ... the guilt and penalty phases of Gonzales's trial that Gonzales had admitted that he intentionally ...Each phase was tried before a different jury. During the guilt phase, the ...
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Watch Lenamon’s Closing Argument in Markeith Loyd Trial: Jury Says No to Death Penalty
Terence Lenamon was victorious in his fight against capital punishment for Markeith Loyd (see our earlier posts for details about the case). What was the jury thinking when jurors returned to the courtroom, announcing a decision against the death penalty? Death Penalty Closing Argument by Terence Lenamon (Result: Jury Nixes Death Penalty) Here’s the defense...
- OCGA § 44-13-41 - Selection of property as to which exemption not waived; affidavit as to valuation; jury trial; penalty for harassment of debtor
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545 U.S. 374 (2005), 04-5462, Rompilla v. Beard
...During the penalty phase, the jury found the aggravating factors ..., claiming ineffective assistance by his trial counsel in failing to present significant ...
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Markeith Loyd Death Penalty Trial: Defense Filings Including Opposition to Sequestering the Jury
For those following the ongoing death penalty trial of Markeith Loyd in Florida, the following four court filings by Terence Lenamon, attorney for the defense, have been uploaded into Terry Lenamon’s Online Library as a public service: Death Penalty Trial: Motion Regarding Metal Detectors; read the full text of the motion as filed of...
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Fulgham Trial: Jury Finds Joshua Fulgham Guilty in Quick Deliberation, Terry Lenamon Defends in Penalty Phase of Trial, Example of Florida Statute’s Mitigating Factors In Application
The jury has found Joshua Fulgham guilty of first degree murder (see earlier posts for details of the case). Beginning today, Terry Lenamon and the defense team will be arguing Florida mitigating factors and how their application should prevent Fulgham being sentenced to the death penalty. For details on mitigating factors, see our earlier post...
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__ U.S. __ (2017), 15-8049, Buck v. Davis
Buck was convicted of murder; under Texas law, the jury could impose a death sentence only if it found unanimously, beyond a reasonable doubt, that Buck was likely to commit future acts of violence. Buck’s attorney called a psychologist, Dr. Quijano, who had been appointed to evaluate Buck. While concluding that Buck was unlikely to be a future danger, Quijano stated, in his report and testimony,
...Under. [137 S.Ct. 764] state law, the jury was permitted to impose a death sentence. ... 2052, 80 L.Ed.2d 674. Buck's trial counsel knew that Dr. Quijano's report ... point of dispute during the penalty phase was Buck's. future dangerousness. ...
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494 U.S. 558 (1990), 88-1719, Chauffeurs, Teamsters and Helpers Local No. 391 v. Terry
...They also made a jury demand for all issues triable by a jury. After ... on the ground that no right to a jury trial exists in a duty of fair representation suit. The ... for injunctive relief and a civil penalty, both an equitable public nuisance action and a ...
- A.R.S. § 16-89-108 - Waivers of trial by jury and death penalty
- Conn. Gen. Stat. § 53a-45 - Murder: Penalty; waiver of jury trial; finding of lesser degree
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481 U.S. 412 (1987), 85-1259, Tull v. United States
...§ 1319(b)) and subjects them to a civil penalty not to exceed $10,000 per day (§ 1319(d)). After denying petitioner's timely demand for a jury trial in the Government's suit for relief under ...
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__ U.S. __ (2016), 14-7505, Hurst v. Florida
Under Florida law, the maximum sentence a capital felon may receive based on a conviction alone is life imprisonment. He may be sentenced to death only after an additional sentencing proceeding, Fla. Stat. 775.082(1), with an evidentiary hearing before a jury. The jury renders an “advisory sentence.” Notwithstanding that recommendation, the judge must independently find and weigh aggravating and...
... a jury. § 921.141(1). Next, the jury, by majority ... recommended the death penalty. The court sentenced Hurst to. death, but ... his right to a jury trial, while Florida has not explained. how ...
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527 F.3d 1162 (11th Cir. 2008), 05-15981, Newland v. Hall
... following day, at the conclusion of the penalty phase of the trial, the jury recommended that ...
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476 U.S. 162 (1986), 84-1865, Lockhart v. McCree
... At respondent's Arkansas state court trial for capital felony murder, the judge at voir ... vote for the imposition of the death penalty -- that is, so-called " Witherspoon -excludables" ...Illinois , 391 U.S. 510. The jury convicted respondent, but, at the sentencing ...
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397 U.S. 790 (1970), 268, Parker v. North Carolina
... imposed after petitioner had assured the trial judge that his plea was freely made. Thereafter, ... been systematically excluded from the grand jury that returned the indictment. A State court, ... to escape the possibility of a death penalty on a capital charge by pleading guilty to that ...
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542 U.S. 296 (2004), 02-1632, Blakely v. Washington
... his federal constitutional right to have a jury determine beyond a reasonable doubt all facts ... violated his Sixth Amendment right to trial by jury. Pp. 2536-2543. . . (a) ... conviction, any fact that increases the penalty for a crime beyond the prescribed statutory ...
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536 U.S. 584 (2002), 01-488, Ring v. Arizona
... At petitioner Ring's Arizona trial for murder and related offenses, the jury ... sentenced to death, the statutory maximum penalty for first-degree murder, unless further findings ...
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__ U.S. __ (2016), 15-8366, Lynch v. Arizona
Lynch was convicted of first-degree murder, kidnapping, armed robbery, and burglary for a 2001 killing. The state sought the death penalty. Before Lynch’s penalty phase trial began, Arizona successfully moved to prevent his counsel from informing the jury that the only alternative sentence to death was life without the possibility of parole. The jury failed to reach a unanimous verdict. A second...
... alternative to death available to the jury is life. imprisonment without possibility ...The State sought the death penalty. Before. Lynch's penalty phase trial began, ...